Loading...
HomeMy WebLinkAboutPacket 01-02-2007 RegularCity of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY January 2, 2007 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: Holiday Beautification Awards Leo Nicholas — 20 Years Public Service Award CONSENT AGENDA: 1. Purchase of Lab Equipment in the Amount of $15,290. 2. Outdoor Entertainment Permit for the Brevard County Traveling Skate Park. CONSIDERATIONS: 3. Motion to Approve: Request for Release of Lien Per Section 2-260(e), Paul Jindra, 605 Shorewood Drive, Unit E503. 4. Motion to Approve: Stottler, Stagg & Associates Proposal for Construction Drawings for Buchanan/Orange Ave. Drainage Project in the Amount of $7,924. 5. Motion to Approve: Public Works Maintenance Building Change Order Number One in the Amount of $27,929. 6. Motion to Approve: Unity of Title Agreement with Trees for Squirrels, LLC. ORDINANCES: Second Public Hearing: 7. Motion to Adopt: Ordinance No. 23-2006; An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning, of the Cape Canaveral Code of Ordinances, Providing that Establishments which Require a Special 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 "Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com 'City of Cape Canaveral, Florida City Council Regular Meeting January 2, 2007 Page 2 of 3 Exception to Serve Alcoholic Beverages May not be Permitted to Locate within Three Hundred (300) Feet of the Shoreline of the Banana River or of the Atlantic Coast; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporation into the Code; Severability; and an Effective Date, at Second Reading. 8. Motion to Adopt: Ordinance No. 24-2006; An Ordinance of the City of Cape Canaveral, Florida, Amending Chapter 110, Zoning of the Cape Canaveral code of Ordinances; Repealing the Phrase "Hotels and Motels" from Section 110-336(1)a to Make Section 110-336 Consistent with Other Provisions of the City Code Regarding Hotels and Motels; Providing for the Repeal of Prior Inconsistent Ordinances and Resolutions; Incorporations into the Code; Severability; and an Effective Date, at Second Reading. RESOLUTIONS: 9. Resolution No. 2006-51; Amending the Retirement Plan and Trust Agreement for the Employees of the City of Cape Canaveral; Providing for Conflicting Resolutions; and Providing an Effective Date. SITE PLAN: 10. Motion to Approve: Ace Hardware Addition Site Plan, 8300 Astronaut Boulevard, Allen Engineering, Applicant. DISCUSSION: 11. Mixed -Use Zoning. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: City of Cape Canaveral, Florida City Council Regular Meeting January2, 2007 Page 3of3 Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. f r�I ~ City of Cape Canaveral Moe Memo To: Bennett Boucher, City Manager Susan Stills, City Clerk Fr+orm Virginia Haas, Assistant City Clerk 'LS"O— Datim 12121/2006 Rea Holiday Beautification Award Presentations The Beautification Board will be voting at their special meeting on December 28, 2006 for Single, Multi - Family and Commercial properties 2006 Holiday Awards. The winners will be forwarded to you immediately following the meeting. Please place this item on the January 2, 2007 City Council Meeting Agenda. A plaque and gift certificate will be presented to each winner at this meeting. 1105 Polk Avenue * Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone (321) 868-1221 * Fax (321) 868-1248 Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Consent Item 1 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: PURCHASE OF LAB EQUIPMENT IN THE AMOUNT OF $15,290 DEPT]DIVISION: PUBLIC WORKS/ WIITP Requested Action: City Council consider the purchase of a Kjeldahl (Kelldawl) apparatus from Fisher Scientific Company utilizing the State contract and appropriating $15,290 as recommended by the Public Works Director. Summary Explanation & Background: See attached memo and consultant recommendation. This is not a budgeted item, an appropriation of $15,290 is needed. I recommend approval. Exhibits Attached: Public Works Director Memo, Brown & Caldwell Memo City Mana is Office Department r U U 1:.\ 1 U TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: December 18, 2006 SUBJECT: City Council Agenda Item for January 2nd, 2007 State Contract Purchase for Laboratory Kjeldahl Unit As part of the required water quality laboratory testing requirements, a Kjeldahl (Kelldawl) apparatus and associated peripherals replacement is needed. The Laboratory Environmental Analyst reviewed the systems available within the market place and selected system to be best suited for the City of Cape Canaveral's laboratory testing needs. Attached is an itemized quotation from Fisher Scientific Company. In addition, Brown & Caldwell Environmental Engineering has reviewed the City's needs and is recommending the selected laboratory test equipment replacement. More so, this equipment is appropriate for analysis required by the DEP draft permit. Attached is a letter from Brown & Caldwell Engineering. This laboratory test equipment is a replacement of the existing unit purchased in 1983. The replacement model has a water scrubber to prevent the corrosive gases from deteriorating the fume hood. The system may be purchased under the State Contract #490-000-96-1 in the amount of $15,290. Funds have not been budgeted within the Enterprise Fund. Recommend the approval of a State Contract Purchase of the Kjeldahl (kelldawl) unit with peripherals from Fisher Scientific in the amount of $15,290 and the appropriation of Sewer Enterprise Funds. Attachment CC: File 850 Trafalgar Court Suite 300 Maitland, FL 32751 'Fel: (407) 661-9500 Fax: (407) 661-9599 December 13, 2006 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 601 Thurrn Boulevard Cape Canaveral., FL 32920-0326 0022-041074 Subject: Purchase of New Equipment for Laboratory at City of Cape Canaveral Water Reclamation Facility Dear Mr. Gardulski: Attached, please find a copy (1 page) of the information that the City sent to me regarding equipment that is proposed for purchase and use in the laboratory at the City of Cape Canaveral Water Reclamation Facility (V -IRF) laboratory. The purpose of this letter is to confirm that the proposed equipment is appropriate for analysis required by the newly issued Florida Department of Environmental Protection (FDEP) draft operating permit for the City of Cape Canaveral WRF. The FDEP draft operating permit was issued on December 13, 2006, and requires that a 16 - hour flow proportioned composite effluent sample be collected and analyzed on a weekly basis for Total Nitrogen (as N). The maximum allowable limits for Total Nitrogen (as N) in effluent that have been established for your facility are: 3.0 mg/L - Annual Average 3.75 mg/L - Monthly Average 4.50 mg/L - Weekly Average 6.0 mg/L - Single Sample There are four methods certified by the FDEP as appropriate for analysis of Total Nitrogen (as N). Of these methods, only EPA Method 351.3 has a Method Detection Limit (MDL) and Practical Quantification Limit (PQL) that is below the maximum allowable limits for your facility; therefore this method is recommended for use in monitoring of this parameter. govieaeweerete E49e seeelaq. & ecadaeraFera Mr. Ed Gtrdulski Pecetnber 13, 20110 Page 2 EPA Method 351.3 requires the digestion and distillation equipment that you have proposed. I recommend that you proceed with the purchase of the "6 -Place Open Combination Kjeldahl Nitrogen Apparatus with Water Ejector" for use in your laboratory. Labconco is a manufacturer of this equipment. The water ejector accessory allows fumes that are generated during the digestion process to be routed through a baffle and then through water bath so that they are not directly exhausted through your fume hood. Please note that the existing apparatus installed in the laboratory at this time and currently utilized for digestion does not include the water ejector accessory. The result has been that severe corrosion has caused the existing fan located within the existing fume hood to be damaged, as well as a hole within the associated ductwork. Therefore, I am also recommending, that the City plan to replace the existing fan and repair the damaged ductwork associated with the existing fume hood as soon as possible. Best Regards, BROWN AND CALDWELL qtc� a Srn June Smith, P.E. Brown and Caldwell 850 Trafalgar Court, Suite 300 Maitland, Florida 32751 Office: 407-661-9593 Cell: 407-920-0085 FAX: 407-661-9599 Email: JSmith@Brwncald.com Cc with attachment: Walter Bandish, City of Cape Canaveral Devina Beedie, City of Cape Canaveral Bennett Boucher, City of Cape Canaveral June Clark, City of Cape Canaveral FROM CAPEPW FAX NO. :3218681233 Dec. 05 2006 09:32AM P2 Labconco: Kjeldahl, Fat and Crude 1-iber Apparatus, vigesnon anu Oisuuauutl: UIULS, ria... s agt' i vi 4 o clJr„ g@QrCtl: LAW)WO. Registered Users: Log In Sales & Support Online Store Products Accessories Product Literature Company info IJePr59lA6PI» Kjeldahl, Fat and Crude Fiber Apparatus Kjeldahl, Fat and Crude Fiber Apparatus_ i a Model Lines Open and „Hooded Combination Kjeldahl units KJeldahl Digestion.U.nits Kjejdahl Distillation Units Micro Digesters Rapid Digestors Rap€dStill Goldfisch Fat.. xtractors Crude Fiber Apparatus Compatible: Products Classical Kjeldahl Replacement Glassware Crude Fiber Apparatus Accessor'IES Ductwork.and.,Blower Accessories Goldfisch. Fat- Extractor, Accessories MiCrp.l7igestor Accessories Rapid. Kjeldahl Accessories F3,eRto.[e.)3low�rs Laboratory Carts & ,Benches Support Documents Product Brochures Kjeldahl Nitrogen Determination Digestion and Distillation Appar: in classical, rapid and micro models. Kjeldahl analysis is frequen determine the protein content of agriculture products. Goldfisch F are used to determine the fat and oil content of samples and are methods. Crude Fiber Apparatus determine the crude fiber conte and other agriculture products and are ADAC listed. Below is a brand listing of the Kjefdaht, Fat and Crude Finer App from Labconco. Click on any brand to find out more about it. If yc unsure which brand is best for your application, use the AdvancE Search to help you narrow down your choices. Select the right product for your application from our fine of and Crude Fiber Apparatus IM Classical and Rapid Kjeldahl Systems and Fat. and Crude Fiber Apparatus Catalog (Logia, lei-tr�•/lccncric, loi�nnr�nn nnm! �n.into�.i.�iir."i[�..�svr�.'.uifFti�1�F� �7/�/7f�(�� 1 F I S H E R S C I E N T I F I C I Q U O T A T I O N I JULY 11, 2006 CITY OF CAPE CANAVERAL WASTEWATER TREATMENT PLNT 601 THURM BLVD CAPE CANAVERAL FL 32920 PAGE: 1 FISHER SCIENTIFIC COMPANY LLC 3970 JOHNS CREEK COURT SUITE .500 SUWANEE GA 30024 (800) 766-7000 1-------------------------------------------------------------------------___------i I CUST REF NBR RFQ LABCONCO KNA W/ WATER EJECTOR I i-------------_--------------------------------------------__-----------------------1 4 ACCOUNT NBR: 119858-002 I REQUESTOR: DAVINA BEEDIE I I QUOTE NBR: 6192-4446-43 I PHONE: 3218681241 I I TERMS: NET 30 DAYS I FOB: DEST I 1 DUE DATE: I AU'T`HORIZED BY: ROGER VIRDEN I I SALES REP: ROGER VIRDEN-----------I I I--------------------------------------_-----------------------------I I *** PRICES ARE FIRM THRU 08/10/06 *** I PLEASE REFER TO THE QUOTE NBR ON ALL CORRESPONDENCE I I THANK YOU FOR YOUR INTEREST IN FISHER SCIENTIFIC COMPANY LLC I I-------------------------------------------------------------------------------I INBRI QTY ZUNI CATALOG NBR I DESCRIPTION I UNIT PRC I EKTD PRC I I-------------------- -_____---------- ----------------------____--_---I 11EAINON-CATALOG 16PL OPEN KNA W/WATER EJECTOR I I IVNDR NBR = 0004143 I 1 IVNDR CAT NBR = 2123601 I 1 1 LIST PR: 18,790.00 15,290.00 MERCHANDISE TOTAL I 115,290.00 Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Consent Item 2 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR ENTERTAINMENT PERMIT FOR THE BREVARD COUNTY TRAVELING SKATE PARK DEPT./DIVISION: PARKS AND RECREATION Requested Action: City Council consider the approval of the outdoor entertainment permit for the Brevard County Traveling Skate Park on January 13, 2007 as requested by the Parks and Recreation Director. Summary Explanation & Background: See Attached Memo I recommend approval. Exhibits Attached: Parks & Recreation Director memo and application permit City Man is Of#icy —: Department CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.Q. Box 326 Cape Canaveral, Florida 32920 e-mail: parkandrecru0sr.com MEMO: TO: Mayor, Council Members CC: City Manager FROM: Nancy Hanson, Parks & Recreation Department Director DATE: December 22, 2006 RE: Outdoor Entertainment Permit/Brevard County Traveling Skate Park I have made arrangements to bring the Brevard County Traveling Skate Park to Cape Canaveral on Saturday January 13, 2007. 1 have attached an Outdoor Entertainment Permit for your approval. The ramps will set up in the Annex parking lot on the 12"' and will be removed on Monday a.m. the 15th. Hours that it will be open are 9:00 a.m.-5:00 p.m. The skate park will be open one day only. The County is no longer staying at one location for the full weekend as the numbers of youths availing themselves of the opportunity to participate have dropped off dramatically throughout the county. No one will be allowed to participate unless a parent permission form is filled out and signed, for youths under the age of 18. A helmet is required, knee and elbow pads, as well as wristguards are strongly recommended. Brevard County Parks & Recreation Department will provide the onsite supervision. CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERNffr Permit,No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: NANCY H ANSON Title: --q- T EG T 0 „ • •ri - f 1 i IWASEW1 nfi!WWMAI Telephone: 8 6 8 -1 2 7 7 _ FAX -came Local Contact: S P P a h n %/,n _ Title: Local Address (if different from above) TypeofEvent: TrrivP1 i ng Skate Park Event Date(s) in Cape Canaveral: January 13- 2007 Location(s): Date(s) Time Attach map(s) indicating event area and designated parking areas. ❑Traffic Control ❑Use of Police/Fire Rescue Equipment ❑Street Closing ❑Vehicles/Equipment on Beach ❑ether ❑Vehicle Parking on City Property Specify: By signing this application, the applicant acknowledges and agrees to the following provisions: L INSURANCE A written public liability insurance policy insuring the Person staging, promoting or conducting the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than 5300,000.00r daMage or injury to any one person for bodily injury or otherwise, plus 525,000.00 damage to property, and for not less than 5500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate of such policy shall be attached to the application for a special outdoor entertainment permit, together with adequate evidence that the premiums are paid. Name of Insurance Co: -:yL -) Policy No: Expiration Date: H. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittcc's name and project for public relation purposes and other media related purposes. III. EXPENSESIFEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. List any exemptions you are seeking. any & all fees Applicant or Re tive/Tide -i Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Applicants shall keep a copy of this approved permit and attachments on the day of the event within, the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Sennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (407) 868-1230 Fax: (407) 799-3170 I Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Considerations Item 3 No. costs are $5,722.52, see attached worksheet. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: REQUEST FOR RELEASE OF A CODE ENFORCEMENT LIEN, CASE NO. 2005-00043, PAUL JINDRA, 605 SHOREWOOD DRIVE, UNIT E503. DEPT./DIVISION: PUBLIC SAFETY/CODE ENFORCEMENT Requested Action: City Council consider the request for release of a code enforcement lien, Case No. 2005-00043, Paul Jindra, 605 Shorewood Drive, Unit E503, upon payment of administrative costs within (30) days of City Council's action on this matter, as recommended by the Code Enforcement Board. Summary Explanation & Background: City Council requested that this item be continued at the next regular meeting. The administrative costs are $5,722.52, see attached worksheet. Also a search of the Clerk of Courts Public Records indicates that the Shorewood Community Association, Inc. has taken appropriate actions to recover their costs, see attached. recommend approval with the payment of administrative costs in the amount of $5,722.52. Exhibits Attached: Application/Board Recommendation/Cost Worksheet/County Search City Man gerOffice , - Department Memo Date: December 2T, 2006 To: City Council and Bennett Boucher, Cl Manager From Todd Morley, Building Official RE: Revised total costs associated vAth,Jindra Code Enforcement Case (2006- 00043). After the Jindra Code Enforcement Case was found in compliance, the applicant requested a reduction/satisfaction of lien. On December 1, 2006, to assist the Board, staff prepared an estimated accounting of administrative expenses incurred. The report indicated that the expenditures totaled $2,676.40. By majority vote, the Code Enforcement Board recommended that the City Council reduce the lien to this amount. At the December 19, 2006 City Council meeting, the Council heard testimony indicating that the expenditure total was undervalued, as it did not include all City Attorney's fees. Additionally, I instructed the Board that the total expenditure of staff time can only be estimated. I was instructed to prepare a revised accounting of expenditures, taking into account all City Attorney's fees and taking a harder look at staffs expenses. Attached is the requested revised accounting of administrative expenses incurred for the Andra case. City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary Re: Recommendation to the City Council Regarding Case No. 2005-00043, Paul Jindra, 605 Shorewood Drive (Unit E503) - Request the Release of Lien - Per Section 2-260(e) On November 30, 2006, The Code Enforcement Board heard testimony regarding the above referenced request and recommended that City Council release the Code Enforcement Board Lien upon payment of the administrative costs in the amount of two thousand and six hundred and seventy-six dollars and forty cents ($2,676.40). Lien Amount: Starting June 24, 2005 per the Board Order 7 days @ 250.00 1,750.00 28 days @ 250.00 7,000.00 9 months with 31 days (31 x 250 = 7750.00 x 9) 69,750.00 5 months with 30 days (30 x 250 = 7500.00 x 5) 37,500.0 Total $116,000.00 Administrative Costs: Meeting time for Attorney & Staff Mailing fee Misc. Staff Time (46hrs x 20.00) Total Costs 1,710.00 46.40 920.00 $2,676.40 105 Polk Avenue • Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com City of Cape Canaveral �...F.M.� . - ,1 , &' ���CEMENT CASE NO 2005-0043 PAUL JINDRA 605 SHOREWOOD DRIVE EXPENSE REPORT COVER SHEET PREPARED BY DUREE ALEXANDER CODE ENFORCMENT OFFICER 12/21/06 105 Polk Avenue • Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.cam/cape - email: acapecanaveral@cfl.rr.com Hours Rate/hr. Ext. SITE VISIT'S 43.50 30 1,305.00 OFFICE TIME 11 30 330.00 CODE BOARD MEETINGS 24 30 720.00 MAILINGS 76.02 PHONE CALLS 5.75 30 262.50 ATTORNEY FEES 23.3 130 $3,029.00 TOTAL $59722.52 PREPARED BY DUREE ALEXANDER CODE ENFORCMENT OFFICER 12/21/06 105 Polk Avenue • Post Office Box 326 * Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.cam/cape - email: acapecanaveral@cfl.rr.com CODE ENFORCEMENT CASE NO 2005-M3 PAUL JINDRA 605 SHOREWOOD DRIVE l)FTAYF.Vn F.XPFNCF. ow-pt%wr Site Visits Time Amount 4/15105 1" site visit 1.5 hours 45.00 4127105 Post property 1 hr 30.00 5/10105 Hard delivery 1 hr 30.00 OTA 7/1/05 Site visit w/Bill 5/18/05 Site Visit 2 hr 60.00 Prior to Bd Megml 6/10/05 Site visit 2X 2 hr @ 30.00 hr 120.00 Walter Bandish; Duree; Chemical Test 6/14/05 Hand delivery 1 hr 30.00 OTA 6/21/05 Site visit 2X2hr @ 30.00 120.00 Duree, Walter, additional testin 6/28/05 Hand delivery 1 hr 30.00 Board Order 7/1/05 Site visit w/Bill 2 hr 60.00 Jenkins (Health Dept); Charlie Kane, Property 7/5/05 Site Visit 1 hr T45.00 For com fiance 7/7/05 Site visit Duree; 1.5 hr Walter; Charlie Kane; Don Miller 7/13/05 Site visit- 11 lar 30.00 removing furniture to U Haul 7/28/05 Site visit for 2 hr 60,00 co m liance 8/5/05 Site visit Duree; 2X3hr @ 30.00each 180.00 Walter; Charlie; chemical 1 I CODE ENFORCEMENT CASE NO 2005-0043 PAUL JINDRA 605 SHOREWOOD DRIVE DETAILED EXPENSE REPORT testing Time Amount 8/17/05 Site visit 1 hr 30.00 9112/05 Site visit 1 hr 30.00 1118/05 Site visit 1 hr 30.00 11130/05 Site visit; check garage area 1.5 hr 45.00 12/10/05 1 hr 30.00 5/18/05 Site visit 2.5 hr 75.00 6114/06 Site visit 1 hr 30.00 10/16106 Site visit Duree; Walter; David Anderson; Poug Seele 2X2.5hr @ 30.00 150.00 10/19/06 Site visit Waiter; Doug Seeley; David Anderson, chemical testing 1.5 hr 45.00 10123/05 Prepare docs i hr 30.00 43.50 Total Hours 1,305.00 Office Time Misceuaneous Mailings Time Amount 4/22/05 office time gathering information for NOV 2hr 60.00 4/25105 Mailing NOV 1 hr 30.00 5110/05 Prepare docs 1 hr 30.00 5/23/05 Prepare BD Order .5 hr 15.00 6/14/06 Prepare docs 1 hr 30.00 7112/05 Prepare docs 1 hr 30.00 8/8/05 Prepare docs 1.5 45.00 10/13105 Pre are docs 1 hr 30.00 10!20/05 Pr are docs 1 hr 30.00 10123/05 Prepare docs i hr 30.00 11 Total Hours 330.00 CODE ENFORCEMENT CASE NO 2005-0043 PAUL JINDRA 605 SHOREWOOD DRIVE DETAILED EXPENSE REPORT Mailings Time Amount 4125/05 NOV 3 letters 4.42 13.26 5110/05 OTA 3letters 4.42 13.26 5/23105 Board Order Code Board Meetings 8.84 Time Amount 5/19/05 l-" Hearing 2 letters @ 4.42 30.00 120.00 6123/05 2nd Hearin 2x2 hr @ 30.00 120.00 7121/05 3rd Hearing 2x2 hr @ 30.00 120.00 8/18/05 4 Hearing 2x2 hr 30.00 120.00 10/19/06 5 Hmogg 2x2 hr k30.00 120.00 11/30/06 6h qeanng 2x2 hr 30.00 120.00 24 Total Hours 720.00 Mailings Time Amount 4125/05 NOV 3 letters 4.42 13.26 5110/05 OTA 3letters 4.42 13.26 5/23105 Board Order 2 letters 4.42 8.84 6/14/05 Non- compliance, OTA 3 letters @ 4.42 13.26 6/23105 Board Order 2 letters @ 4.42 8.84 10/20/06 OTA 2letters P, 4.64 9.28 10/23/06 Board Order 2 letters @ 4.64 9.28 6/28105 Bill Jenkins .5 hr 15.00 Total Amount 76.02 Phone Calls Time Amount 4/1.8/05 Animal Control .75 hr 22.50 4/19/05 Health Rept. 1 hr 30.00 4/21/05 Condo. Assoc. .5 hr 15.00 4/25/06 Animal Control .5 hr 15.00 5/9/05 Condo. Assoc .5 hr 15.00 5/11/05 Review Animal Control Information .5 hr 15.00 5/17/05 Condo. Assoc .5 hr 15.00 6/28105 Bill Jenkins .5 hr 15.00 CODE ENFORCEMENT CASE NO 2045-0043 PAUL JINDRA 605 SHOREWOOD DRIVE DETAILED EXPENSE REP01RT Health De t. 7/27/05 David Anderson .5 hr 15.00 811105 David Anderson .5 hr 15.00 6130/05 Research, Health Services .5 hr 15.00 11 /$105 Condo Assoc .5 hr 15.00 5/18/06 David Anderson; .5 hr 15.00 10/2/06 David Anderson .5 hr 15.00 11/28/06 Office visit David Anderson 1 hr 30.00 8.5 TGtal Hours 262.50 BROWN, GARGANESE, WEISS & UAGRESTA, P.A. Ai omqu at Law Debra S. Babb -Nether' 015ces is 0dando, K.isa m ee, Cocoa, Vnian cows Joseph E Bitch Fc Lauderdale & Tampa hAi ted CPBrien Colgan Usher L. Brown ' Scott J. Dornstein Suzanne Mgma ' Kftehag B_ Haler Andwny A. GorgarwaW Kathedne W Latorre J -W. Taylor AnWJ_ Pitech .telrrey S. Weiss `SwId Certified CCH Trial Lawyer 'Board Cenftd Cry, c*A*& Lace! CooamnwgtL.w December 21, 2006 Via U.S. Mail and E-mail Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Re: Attorney Time for Andra Code Enforcement Case No. 05-00043 (Our File No. 513-025) Dear Bennett; Erin J. CYia y Catherine D. Reischmann Wiliam iam E. Reimhmann, Jr_ Of cornsef Attached, please find copies of invoices front our office Which reference attorneytime billed to the ]indra case dating back to May 2005, You'll see that certain entries for Jindra were "block billed" with other unrelated matters. In those instances, I have estimated the time that was spent working on the 3indra case. Based on the attached invoices, 23.3 total hours were billed to the City over the course of the last year and a half related to this case. Titus, at our rate of $130.00 per hour, the total attorneys' fees, exclusive of our work during December 20W, is $3,029.00.00. Please contact me with any questions. Very truly yours, Kate Latorre Assistant City Attorney 225 East Robhnson Street, Suits 6W • P.O. Box 2873.Odando, Flodit 32802-2873 CNlando (407) 425-9596 Fax [407) 425-95% - Xlxsk mee (321) 402-0144 • Coma (86'6) 425-M • FL Lauderdale (954) 670-1979 Website: wwww odandoiaw net • EFnall: hmaodanWaw.net CFN 2006189457 Book/Page 5663/4647 0 / GFN:20053fi5275 10-10-2005 07:48 Mr. OR BooklPage: 5547 / 5194 IN THE COUNTY COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREXARD COUNTY, FLORIDA SHOREWOOD COMMUNITY CASE NO.: 05-2004-SC-024773-XXXX-XX ASSOCIATION, INC., Scott Ellis Plaintiff, Clerk Of Courts, Brevard County #1303:2 #Names:2 �. Trust: 0.00 ROG: 0.00 serv:0.00 �- 0.00 ~Excise: 0.00 Mtg: 0.00 Int Tax: 0.00 PAUI...IINDRA, Defendant. IFN 2006 189457 06-23-200610:20 am ,R BooK/Page: 5663 1 4647 This action was brought before the Court upon Plaintiffs Complaint. The Court having considered the evidence presented and the affidavits and pleadings filed herein, and finds as follows: I . That there exists no justifiable issues regarding liability of the Defendant; 2. That the Order of the Arbitration tier the Division of I~ lorida, lran�'Sa) C p Condominiums and Mobile !-fomes in Case Numbcr 2004-02-7499, Rel. Caqe';N=nbert2003A- crr*t 3114 is hereby affirmed. 1`�� � > r— IT IS ADJUDGED that: Cr Plaintift, SHOREWOOD COMM L'NITYASSOCIATION, INC. whose address is 607 Shorewood Drive, Cape Canaveral, Fior•ida 32920, recover from Defendant, PAUL JINDRA, whose address is 005 Shorewood Drive, No. E503. Cape Canaveral, Fl. 32920, the sum f $945.00, r attorney's tees and costs expended in the Arbitration cases referenced above, and interest thereon in the amount of seven percent (7%) per annum, for all of which let execution issue. 2. This Court reservesjurisdiction to award Plaintiff costs and reasonable attorney's fees Scott Ellis Clerk Of Courts. Brevard County #pgs: 2 #Names: 2 Serv:0.00 Trust: 1.50 Rec: 17.00Yxcise:0.00 0.00 Int Tax: 0.00 Mtg: 0.00 CFN 2006189457 Book/Page 5663/4648 Shorewood v Jindra O5 -2004 -SC -034773 Page expended in prosecution of this matter. ORDERED in Titusville. Brevard Counhf, Florida, this' 2005, Copy furnished to: Luis D. Carreja, Esquire 3490 North US Highway I Cocoa, Florida 32926 John Lcklem, Esquire 5151 Adanson Street #98 Orlando. Florida 3290=4 CFN:2005365215 OR a00vP896: 5547 1 5195 in M. Harris Judge CFN 2006189456 Book/Page 5663/4645 CFN 2006180116 Book/Page 5659/7983 4 CM2008180116 /08-15-2006 0918 am OR Book)Page: 5659 / 7983 SHOREWOOD COMMUNITY ASSOCIATION, INC., Plaintiff, VS. PAUL JINDRA, IN THE CIRCUIT COURT OF THE 18'x' JUDICIAL CIRCUIT, IN AND FOR BREVARD COUNTY, FLORIDA CASE NO.: 05-2004-SC-024773-XXXX-XX Case ## 05-2004SC-024773-XXXX-XX Document Pae # 39 1111111111111 11111 l�1il IIi1i ��E lila 11 1111 0075 59189 Defendant. /� CFN 2006189456 06-23-2006 10:20 am / I OR BooldPage: 5663 1 4645 ORDER TA_MG COSTS AND ATTORNEY'S FEES THIS CAUSE having come on to be heard upon Plaintiffs Motion to Tax Costs and Attorney's Fees, rand the Courthaving heard argument of counsel, considering the Affidavits on file, and being otherwise duly advised in the premises, It is hereby ORDERED AND ADJUDGED as follows: Plaintiff, SHOREWOOD COMMUNITY ASSOCIATION, INC., whose address is 607 Shorewood Drive, Cape Canaveral, FL 32920, shall be entitlad to recover from Defendant, PAUL JINDRA, whose add;d$3,419.00s is 6 horewood Drive, Unit E-503, Cape Canaveral, FL 32920,ta f reasonable attorney's fees incurred for enforcement of this matter for which let execution issue. Scott Ellis Clark Of courts, Brevard county #P9s: 2 #Names:2 Trust: O.Oo flet: 0.00 Servs 0.00 0.00 _xclse: 0.00 keg_ 0.00 _ At Tax: 0.00 Scott Ellis Clerk Of Courts, Brevard County #pgs:2 #Names:2 Rec 17.00 Serv:0.00 Trust: 1.50 0.00=xcise: 0.00 A. nt Tau: 0.00 Mtg: 0.00 – – ['3 c`�s ., W —4 CPN 2006189456 Book/Page 5663/4646 U 2006180116 Book/Page 5659/7984 r DONE AND ORDS ED in Chambers at the Brevard County Courthouse, Titusville, Brevard ,1% County, Florida this day of May, 2006. A cc, Timothy F. Pickles, Esq. --John A. Leklem, Esq. , J04 E' q SHOREWOOD COMMUNITY ASSOCIATION, INC. Plaintiff, V5. PAUL JINDRA, Defendant. CFN 2006049312 02-20-2006 07:50 am QR BooWPage: 5606 1 2455 IN THE CIRCUIT COURT OF THE — _ EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA. CASE NO.- .. • • • .9 •♦ Scott Ellis Cferk Of Courts, Brevard County #Pgs:6 #Names:2 Trust: 0.00 Rec: 0.00 Serv:0.00 ^--�' 0.00 rxdse: 0.00 Mtg: 0.00 Int Tax: 0.00 xL b C o A � FINAL ORDER ADOPTING SETTLEMENT AGREEMENT -._j i T n THIS CAUSE having come before the Court on the Joint Motion to adopt the parties' Mediation Settlement Agreement, and the Court being fully advised in the premises, it is hereby ORDERED and ADJUDGED that: 1. The parties' Joint Motion is Granted; 2. The Court adopts and incorporates into this Order, the attached Mediation Settlement Agreement executed by the parties on September 6, 2002; 3. The Court specifically adopts the following terms of the Mediation Settlement Agreement: a. Defendant will not feed any animal on Shorewood Condominium property, excepting pets which will be fed inside his condominium unit only; y4\)&A-1 CFN;2006049312 Final Order Adapting Settlement Agreement OR eookMage: 5606 / 2456_ 05 -2001 -CA -00894 Honorable Meryl L. Allawas Page 2 b. Defendant will not keep more than two permanent pet cats in his condominium unit; C. Defendant will not bait or otherwise intentionally attract any animal onto Shorewood Condominium property; d_ .. Defendant will abide by the leash requirements of the Shorewood Condominium Declaration of Covenants and Restrictions; C. Defendant will annually have his ultrasonic pest repeller certified as being in good working order by a licensed servicing facility, and furnish proof of such certification to Plaintiff upon request; 4. Each party shall pay his/its own costs, attorney's fees and expenses incurred in this case; 5. The Court retains jurisdiction to enforce this Order as any other Court Order. DONE and ORDERED on this day of September, 2002 in Chambers, Viera Courthouse, Brevard County, Florida. Gl�Q Meryl L. Allawas Circuit Court Judge • SHOREWOOD COMMUNITY ASSOCIATION, INC. Plaintiff, vs. PAUL JINDRA, Defendant. RECEIVED 2 3 2002 IN THE CIRCUIT COUR�-"QF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA_ CASE NO: 05 -2001 -CA -00894 1111111111111011111 oar.... 5606 i 2457 JOINT MOTION TO ADOPT SETTLEMENT AGREEMENT Plaintiff, SHOREWOOD COMMUNITY ASSOCIATION, INC., and Defendant, PAUL JINDRA, by and through their respective undersigned counsel, having attended mediation and achieved settlement of all issues and claims in this action, hereby jointly request that the Court enter the attached Final Order adopting the parties' attached Settlement Agreement. Respectfully submitted, �ALEC D. RJ�#SSELL, ESQ. Florida Baf Number: 0248134 GRAY, HARRIS & ROBINSON, P.A. Box 1870 Melbourne, FL 32902-1870 (321) 727-8100 Attorneys for Defendant, PAUL JINDRA TlMO Y F. PICKLES, ESQ. Flo da Bar Number: 055621 WATSON, SOILEAU, DELEO, P.O. BURGUETT & PICKLES, P.A. 1970 Michigan Avenue Building C Cocoa, Florida 32923 Attorneys for Plaintiff, SHOREWOOD CONDOMINIUM Final Order Adopting Settlement Agreement 05 -2001 -CA -00894 Honorable Meryl L. Allawas Page 3 CERTIFICATE OF SERVICE CFN:2006049312 OR eooWftge: 5606 / 2458 I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. mail this _2() day of September, 2002, to: Alec D. Russell, Esq., Gray, Harris & Robinson, P.A., P.O. Box 1870, Melbourne, FL 32902-1870 and Timothy F. Pickles, Esq., Watson, Soileau, DeLeo, Burgett & Pickles, P.A., 1970 Michigan Avenue, Bldg. C, Cocoa, Florida 32923. G f Judicial Assistant 0 SHOREWOOD COMMUNITY ASSOCIATION, INC., Plaintiff, VS. PAUL JINDRA, Defendant. i IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR BREVARD COUNTY, FLORIDA CASE NO.05-2001-CA-00$940-,N=-XX CFN:2006504939 2 OR 600WPage: 5606 1 2459 MEDIATION SETTLEMENT AGREEMENT The parties agree as follows: 5.Other .`ci. Gtr:• 0r -P- ga-dflc ��til/ . G� '�`J�� tS1 � � l�/1i✓T �% / An� 4/ %l��y,%///t� v�O /� Vii✓,: �✓vt� fydi ,q ca L�a 'fw'%fty/ or'd /J / Z z As ,11V -C I.D r /3 4S Cl�.v�v.�. is,. `r.�,►e �l.SJ. r� o y /y �3� l��7 �A^. r c� `���Ir a7` .��f� MfJe,k —n.¢.v 7rwo /�% �1 •�S CC1�V.�o+*9.y.�criy 6(N���, /v i -r lr.Q• "r 47X a [.�r E fP'T?X. , 7- �9•*y C. e IAA- c �f ,P r' c�'.al� S O 7� r P Caw: �a.�s • �. •'.i.m7 (�ti �fJ,Ni^.�.��.�-�(�¢-�c�v.'c: 1v.�xT" ,�ci/f/t�.y �`�`PD /�s �•i�.g .r.J��1.'pv� 4/I,4/e0;� Oib fid �� /¢ / t P�!!1 a!J7 ,S�'.G:/I C/ N 9 L I I �r7`� n/� T+�/.[ii! •��r 7" T ef!f S S OGi `�. ✓ d'N /fit 'c.e-v- 7-. --- 6. If all litigants are not present, then the signatories to this Mediation Settlement Agreement confirm that they have full and final authority to execute this Agreement on behalf of any litigants not present at the mediation conference. 7. Each party shall pay his/her/its own costs*v-,- s r�o x v �r 4.cx, Dated this — /,;q — day of 2002. Defe t E. LOSER, MEDIATOR 1111111111111111 12 m+w�..yi608 i 2060 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Joy Lombardi, Code Enforcement Board Secretary ��/ Re: Recommendation to the City Council Regarding Case No. 2005-00043, Paul Jindra, 605 Shorewood Drive (Unit E503) - Request the Release of Lien - Per Section 2-260(e) On November 30, 2006, The Code Enforcement Board heard testimony regarding the above referenced request and recommended that City Council release the Code Enforcement Board Lien upon payment of the administrative costs in the amount of two thousand and six hundred and seventy-six dollars and forty cents ($2,676.40). Lien Amount: Starting June 24, 2006 per the Board Order 7 days @ 250.00 1,750.00 28 days @ 250.00 7,000.00 9 months with 31 days (31 x 250 = 7750.00 x 9) 69,750.00 5 months with 30 days (30 x 250 = 7500.00 x 5) 37 500.00 Total $1161)000.00 Administrative Costs: Meeting time for Attorney & Staff Mailing fee Misc. Staff Time (46hrs x 20.00) Total Costs 1,710.00 46.40 29.0.00 $2,676.40 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 - SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape - email: ccapecanaveral@cfl.rr.com CITY OF CAPE CANAVERAL APPLICATION FOR SATISFACTION OR RELEASE OF CODE ENFORCEMENT LIEN COLIDE ENFORCEMENT CASE #: O DS� Q00 41S APPLICATION FEE: $_ / 00. to 1� APP' UCANT: _ ALL iV1�2�4 ^� DATE: 0 U, ,2 G .2 OD 6 ADDRESS:_ j!�a5,3-40t"?"v od i3L ("d, CITI 1w _ ( aeE zf4A-f q (/CY'!9 L _ _ STATE: _ EiLere/da zip: NAT -TRE OF VIOLATION(S): ^ - z-.54!;7,6 6d) f � S J7 /fPAIZ D.C. ADD TRESS OF SUBJECT PROPERTY: _ 4 0.5- t$ �70.�El��ar�� A5z Vol( S-0 3 DAnE FINEILIEN IMPOSED: o OS AMOUNT: DMOO /DAY O TOTAL COM PLIANCE DATE: RELMF REQUESTED: EISFACTIODREDUCTIOX (Circle one) IF REDUCTION, THE APPLICANT PROP OSES $ AS THE AMOUNT OF THE REDUCED FINE. THE FACTUAL BASIS UPON WHICH THE VIOLATOR BELIEVES THIS APPLICATION SHOULD BE GRANTED: (If more space is needed add additional pages) _1 (, :6 . F- A1,1 A/G/,q D TERMS OR CONDITIONS TO BE IMPOSED UPON APPLICANT SHOULD THE APPLICATION BE GRANTED: (If more space is needed add additional pages) THE REASONS, IF ANY, WHY TETE APPLICANT DID NOT BRING THE SUBJECT PROPERTY INTO COMPLIANCE PRIOR TO THE ORDER OF PENALTY OR FINE BEING IMPOSED AND RECORDED: (If more space is needed add additional pages) L ANY ADDITIONAL FACTS OR INFORMATION THE APPLICANT DEEMS PERTINENT TO THE REQUEST, INCLUDING BUT NOT LIMITED TO, THE CIRCUMSTANCES THAT EXIST WHICH WOULD WARRANT" THE REDUCTION OR SATISFACTION OF PENALTY OR FINE: (If more space is needed add additional pages) .�ra�inz �cI AN19/s WA�r- &--,r1VP6rAl0 V& -b - - dg -if Date: AlOV, U06 Applicant's Signature STATE OF T f��i1" COLJhITY OF C r v , �.► .-•.R BEFORE ME the undersigned authority did personally appear�91lMi(,-/ ' +D i�G3t S /, who provided Isk/9 . hR, L I C , as identification, and who after being place under oath, swore or affirmed the inforznation contained within this application is true and correct. A.57, •7R-i.4'7.Lic,0•C� JDYLOMMO W oDmm%" # OD 0084 Notary Public EXPIRES: August 3.2007 eaw.e Tlu Nor.+1 P�Yc u�e..�sen FOR STAFF USE ONLY APPLICATION FEB: S _ RECEIVED BY CITY ON Z$Qb COMPLIANCE CONFIRMED BY BUILDING CODE F.YKikC:k:MENT REVIEW ON ON Ip15 Q& IT u CODE ENFORCEMENT RECOMMENDATION ATTACHED: '"YES ACTION OF CITY COUNCIL: _ APPROVE; DENY; CONDITIONS: DATE OF COUNCIL ACTION: APPROVE WITH FOLLOWING CONDITIONS AND PAYMENT OF REDUCED FINE TO BE MET WITHIN 30 DAYS OF COUNCIL ACTION, TO WIT: ON OR BEFORE Lj1M1WU1) .POWBR OF ATTORNEY 1, Paul E. Jindra, do hereby assign a Limited Power of Attomey to Samuel David Anderson, to represent my interests through Appearances before the City of Cape Canaveral, FL Code Enforcement Board and the City of Cape Canaveral, FL, with respect to my condominium located at 605 Shorewood Dr., Unit 503-E, Cape Canaveral, Florida 32920-5058, in all matters conceming Liens, Fines, and Levies only, and to negotiate with them regarding Liens, Fines, or Levies, in consultation with my Attomey of Record, John Leklem. This Power of Attomey is limited to these matters only and does not impart Power of Attomey to act on my (behalf in anv either matter. By,riving this Limited Power of Attorney 1 Mserve fnr myself the final decision regarding the resolution of these issues and the payment or dispersal of my money towards any Fines, Liens, or Levies, Signed this 16th lay of October, 2006, Paul E. Jindra Witness: Notary: 16KC, E.,.0JFAr,ELyM AL S L, r M. SANEY BTA, (JF 1LLiAIOlS res011i10�8 Witness: Code Enforcement Board Meeting Minutes November 30, 2006 Page 2 COMPLIANCE HEARINGS: Case No. 05-00043 — Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.). -_Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history. Officer Alexander testified that the Case was found in compliance on October 19, 2006. Officer Alexander further stated that by power of attorney, David Anderson is requesting a satisfaction of the Code Enforcement Lien on behalf of Paul Jindra, property owner. Officer Alexander respectfully requested that the Code Enforcement Board deny the respondent's request to satisfy the lien in the amount of $116,000.00 and order the respondent to pay a reduced amount of $2,676.40. The reduced amount represents the reimbursement to the City of Cape Canaveral for inordinate expenses incurred during the Code Enforcement investigation and processing of the violation. David Anderson testified that Paul Jindra has vacated the premises; all the animals have been removed; the condominium unit has been cleaned; and there is no odor present. Mr. Anderson requested that the Board waive all fines and release the lien due to the fact that Mr. Jindra is in ill health and in extreme financial hardship. Mr. Anderson stated that any consideration would be appreciated. After hearing testimony from both parties, the consensus of the Board was that the City should be reimbursed for the expenses incurred. Motion by Mr. Ciecirski, seconded by Mr. Hale, to recommend City Council release the lien upon payment of the administrative costs in the amount of two thousand six hundred and seventy-six dollars and forty cents ($2,676.40). Discussion followed. Motion by Mr. Ciecirski, seconded by Mr. Hale, to amend the Motion to require the respondent to pay the administrative costs within 30 days of City Council's approval. Vote on the amended Motion carried by majority, with Craig Stewart voting against. Vote on the original Motion carried by majority, with Craig Stewart voting against. 2. Case No. 06-00049 — Violation of Section 302, and 302.1- International Propedy Maintenance Codo. 1998 - Exterior Propgdy Areas & Sanitation. of the Cape S g0averal Qode of Ordinijr]g2s. (342 Coral Dr.) — Anastas A. Baadjieff. Prope nr, Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent has resolved the main issues of concern on the property by repairing the pool and cleaning up the yard; however, the respondent is not in full compliance of the Board Order due to the fact that the soffits and fence remain in a state of disrepair. Officer Alexander testified that the fence could admit toddlers into the pool area. DIVISION 2. CODE ENFORCEMENT Page I of 2 Sec. 2-260. Application for satisfaction or release of code enforcement liens. Where a certified copy of an order imposing a penalty or fine, as described in F.S. ch. 162, has been recorded in the public records of Brevard County, Florida, and has become a lien against the land and/or property of the violator, such violator may apply for a satisfaction or release of such lien in accordance with this section. (a) Upon full payment by the violator of the fine or penalty in accordance with this chapter, the city manager shall execute and record a satisfaction of lien. (b) The application for satisfaction or release of lien shall be in written form, typed or handwritten, by the violator, and shall be submitted to the building official or the designee of the building official. the application shall include, but may not be limited to the following: (1) The code enforcement case number; (2) The date upon which the violator brought the subject property into compliance with the City Code; (3) The factual basis upon which the violator believes the application for satisfaction or release of lien should be granted; (4) The terms upon which the satisfaction or release should be granted; (5) The reasons, if any, compliance was not obtained prior to the order of penalty or fine being recorded; (6) The reduction in penalty or fine sought by the violator; and (7) Any other information which the violator deems pertinent to the request, including but not limited to the circumstances that exist which would warrant the reduction or satisfaction of the penalty or fine. (8) This application shall be executed under oath and sworn to in the presence of a notary public. (c) The violator shall submit at the time of application payment to the city in the amount necessary to reimburse the city for its costs associated with recording the order imposing a penalty or fine and the requested satisfaction or release of lien. These costs are nonrefundable, without regard for the final disposition of the application for satisfaction or release of lien. (d) Upon receipt of the application for satisfaction or release of lien and payment provided above, the Building Official or designee of the building official shall confirm through the code enforcement department that the violation which resulted in the order imposing penalty or fine has been satisfied. If the violation has been satisfied and there is no current code violation upon the property in question, the building official or designee of the building official shall place the application upon the agenda ofthe next meeting of the Code Enforcement Board for the City of Cape Canaveral. (e) At the hearing before the code enforcement board, the board shall review and consider the application for satisfaction or release of lien, provide the violator with an opportunity to address the board regarding the application for satisfaction or release of lien, and to take the testimony of other interested parties, including but not limited to city staff. Upon review of the application and any testimony presented, the code enforcement board shall by motion direct a recommendation to the city council for approval, approval wfth conditions, or denial of the application for satisfaction or release of lien. http://libraryl.municode.com/mcciDocView/12642/l/33/53/55 12/12/2006 DIVISION 2. CODE ENFORCEMENT Page 2 of 2 The code enforcement board, in determining its recommendation, shall consider the following factors: (1) The gravity of the violation; (2) The time in which it took the violator to come into compliance; (3) The accrued amount of the code enforcement fine or lien; (4) Any previous or subsequent code violations; (5) Any financial hardship; and (6) Any other mitigating circumstance which may warrant the reduction or satisfaction of the penalty or fine. _4 (f) After a recommendation has been rendered by the code enforcement board, the building official or designee of the building official shall place the application for satisfaction or release of lien upon the agenda of the next regularly scheduled city council meeting. The city council may take action solely based upon the sworn application and recommendation of the code enforcement board; or it may, in its discretion, provide the violator with an opportunity to address the council in regard to the application for satisfaction or release of lien. (g) The city council may approve, approve with conditions, or deny the application to satisfy or release of lien. If the city council approves the application to satisfy or release the lien and the approval is conditioned upon the violator paying a reduced penalty, fine, or any other condition, the satisfaction or release of lien shall not be prepared or recorded until the condition(s) placed by the council have been satisfied. The violator shall have 30 days in which to comply with the conditions imposed by the city council. Failure of the violator to comply will result in the automatic denial of the application for satisfaction or release of lien. If the application is denied or if the application is automatically denied due to the failure of the violator to comply with the conditions imposed by the city council, the violator shall thereafter be barred from applying for a subsequent satisfaction or release of lien for a period of one year from the date of denial. During the one-year period, the lien may only be satisfied and released upon full payment of the fine or penalty imposed in accordance with this division. (Ord. No. 05-2003, § 2, 2-18-03) hnp://library1.municode.com/mcc/DocView/12642/l/33/53/55 12/12/2006 Code Enforcement Board Meeting Minutes May 19, 2005 Page 2 2. Case No. 05-00043 —Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances 505 Shorewood Dr. — Paul Jindra Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that the respondent was cited for exterior property nuisances; meaning anything that endangers life or health, or gives offense to senses violates the laws of decency or obstructs reasonable and comfortable use of property. Officer Alexander further testified that she witnessed a very strong odor outside Mr. Jindra's condominium unit, inside an adjoining unit, and on the balcony. Paul Jindra, property owner, read the Sixth Amendment to the United States Constitution stating that he had the right to know whom the accusations were from. Mr. Jindra refused further testimony. City Attorney, Anthony Garganese informed Mr. Jindra that the City of Cape Canaveral was the complainant in this case. Charles Kane, property manager, testified that he had files of complaints regarding the deteriorating conditions with the cats and the ammonia odor around Mr. Andra's condominium unit. Attorney Garganese asked Mr. Kane if he has witnessed the odor first hand, what the odor was, and if he had ever seen any cats in the unit. Mr. Kane replied that he had smelled an odor of cat urine and he stated that he has seen three cats on Mr. Jindra's balcony. Ursula Mills, condominium association president, testified that she tried to work with Mr. Jindra to rectify the problem, but she stated that the complaints against him are constant. Attorney Garganese asked Ms. Mills if she had witnessed the odor and asked her to describe the smell. Ms. Mills stated that she has smelled the odor of cat urine in front of Mr. Jindra's unit, in the unit next to him, and on the balcony. Ralph Catoloni, neighbor next to Mr. Jindra, testified that Mr. Jindra is a good man. Mr. Catoloni stated that he could occasionally smell an ammonia odor, depending on the direction of the wind. After a short recess, Mr. Jindra brought in the old weather strip from the bottom of his front door and testified that this was the problem. Mr. Jindra further stated that he was taking steps to correct the problem. Mr. Jindra stated that he has replaced this damaged weather strip and he intends to install a sweeper so the odor will not seep under the door. Officer Alexander respectfully requested that the Board find Paul Jindra in violation of Section 34-96(d), "Standards Established", and that he be given until May 24, 2005, by 5:00 p.m., to come into compliance or be fined fifty dollars ($50.00) per day until he comes into compliance and be fined one hundred dollars ($100.00) per day thereafter if the violation reoccurs. .1 Code Enforcement Board Meeting Minutes May 19, 2005 Page 3 Motion by Mr. Stewart, seconded by Mr. Godfrey to accept staffs recommendation and find Paul Jindra in violation of Chapter 34 Section 96 and be given until May 24, 2005 to come into compliance. Discussion followed. Motion by Mr. Biederman, seconded by Mr. Godfrey to amend the original motion extending the compliance date until June 22, 2005. Discussion followed. Vote on the motion carried unanimously. ADJOURNMENT: There being no further business the meeting adjourned at 8:33 P.M. Approved on this day of , 2005. Mary Russell, Chairperson Joy Daine, Board Secretary City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, A Florida municipal corporation, Complainant, V. Paul Andra, Owner of the Property located at: 605 Shorewood Drive Unit E503 Respondent, Case ##05-00043 ORDER IMPOSING PENALTY ON FIRST VIOLATION(S) THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2005, to determine whether any violations of the City of Cape Canaveral Code of Ordinances exists or existed on the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findinas of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation of Sections 34-96d, Standards Established, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation; 2. The Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the hearing before the Code Enforcement Board and was present at this hearing; 3. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: a strong, offensive odor is adversely affecting the surrounding properties causing a "nuisance", pursuant to 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 - FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanavcral@cfl.rr.com Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 4_ That said violation continues to exist within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. Respondent be given until June 22, 2005 by 5:00 p.m., to correct any violation of the City Code on the Property; and 2. If Respondent fails to correct the violation within the time period set forth herein, a fine will be immediately entered without hearing and upon a filing of a Notice of Non - Compliance by the Code Enforcement Officer, in the amount of fifty dollars ($ 50.00) per day until the violation is corrected and full compliance is confirmed by the Code Enforcement Officer. Respondent shall be responsible to provide notice of such violation being corrected to the Code Enforcement Officer. Upon such confirmation, the Code Enforcement Officer shall promptly file a Notice of Compliance; 3. If Respondent fails to correct any and all violations on the property within the time period prescribed herein, the Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the property and any other real or personal property owned by the Respondent; 4. Any future recurrence of any violations addressed herein after same has been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent an opportunity to correct such violation and that the Code Enforcement Board, upon finding such repeat violation exists shall impose a fine in the amount of one hundred dollars ($100.00) per day for each repeat violation, beginning on the first day the repeat violation is found to exist: 5. The Code Enforcement Board hereby reserves the right to take further necessary action against the Respondent(s) to enforce this Order and correct any violations on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article VI. DONE AND ORDERED at Cape Canaveral, Florida, this jj day of 2005. CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Rus I, Chairperson Copies furnished to: Paul Jindra, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Omer Imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this 2Lday of M4t ---,2005, LzA &�Z Jc?Y'Naine, Boar ecretary Duree Alexander, Code Bnf rcement icer Code Enforcement Board Meeting Minutes June 23, 2005 Page 2 COMPLIANCE HEARINGS: 1. Case No. 05-00043 — Violation of Section 34-96 Standards Established of the Cape Canaveral Code_ of Ordinances. (605 Shorewood Dr.) — Paul Jindra, Property Owner. Code Enforcement Officer, Duree Alexander, provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that the respondent was cited for exterior property nuisances; meaning anything that endangers life or health, or gives offense to senses violates the laws of decency or obstructs reasonable and comfortable use of property. Officer Alexander stated that a site visit revealed that a strong urine odor still existed on May 26, 2005. Officer Alexander further stated that the City purchased ammonia detector tubes to measure the presence of ammonia and recorded several reading ranging from 2ppm (parts per million) to 10ppm. Assistant Public Works Director, Walter Bandish, tested that several tests were performed with a calibrated gas detector instrument. The ammonia test tubes measure the amount of detectible ammonia in the air in parts per million (ppm). Mr. Bandish stated that the safe zone is 25 ppm for 6 -hours of exposure, however that duration of test was not performed. The odor was measured at lower levels and is concentrated to a specific area. If the ammonia can be detected at all, there will be an odor. Mr. Bandish further stated that all the tests were performed outside the unit. Mr. Bandish stated that if there was a reading of 10ppm today at the outside window, he was under the assumption that inside would be considerably higher. Mr. Bandish presented the test tubes for evidence, explaining that the color changes from a light purple to a pale yellow. Paul Jindra, property owner, testified that the air conditioner had been repaired. Mr. Jindra stated that an air conditioner man told him that without air conditioning, animal odors are increased. Mr. Jindra stated that he has been running the air conditioning on a low setting since it's been repaired. Mr. Jindra further stated that he has changed the litter, using odor control liter and has purchased a Bionaire air purifier. Mr. Jindra testified that he also intends to clean the carpet and remove clothing that has absorbed the odors. Mr. Jindra requested more time to clean up and stated that he intends to move. Craig Stewart, Board Member, stated that more time is not acceptable; due to the fact that so many people are affected by this problem. Mr. Stewart further stated that this problem needs to be taken care of now. Officer Alexander respectfully requested that the Board find Paul Jindra in non- compliance of the Code Enforcement Board Order and of Section 34-96(d); Standards Established, of the Cape Canaveral Code of Ordinances, and be fined Fifty Dollars ($50.00) per day until the results of the Gas Detector displays a reading of 0 ppm. Officer Alexander further requested that the respondent be fined One Hundred Dollars ($100.00) per day thereafter if the violation reoccurs. Motion for discussion purposes by Mr. Stewart, seconded by Mr. Hale to accept staff's recommendation and find Paul Jindra in non-compliance of the Board Order and in violation of Chapter 34 Section 96. Code Enforcement Board Meeting Minutes June 23, 2005 Page 3 Mr. Stewart recommended that Mr. Jindra find somebody to come into his condominium to help clean up. Mr. Stewart stated that it may cost approximately $2,500.00 to get it done, however, with the imposed fines will add up quickly if the problem is not taken care of. The Board heard testimony from fifteen (15) neighboring condominium unit owners stating that the strong urine odor is so bad in the building and in adjoining units that they are not able to go out on their own balconies and cannot have family visit; especially if somebody has allergies. Mr. Still, unit owner, stated that Mr. Jindra makes empty promises to move out or clean up. Several owners stated that the fines are not sufficient, and requested a stronger penalty. Jeff & Darleen Cooper, unit owners, tested that they have owned the unit directly next to Mr. Jindra for four years. Mr. Cooper stated that the unit is a rental. Mrs. Cooper stated that the last tenant had to tape the electrical outlets to try to keep the smell out. Mrs. Cooper further stated that theirs is a direct oceanfront condominium unit and they can't even stay in it because of the odor. Mrs. Cooper also stated that they cannot rent the unit and two potential buyers have backed out because of the odor. Susan Marcusse, property management, tested that the unit next to Mr. Jindra could not be rented due to the strong odor. Ms. Marcusse stated that she had to evacuate the last tenant that was placed in there due to unfit living conditions. Mr. Stewart stated that he would like to see the Board impose the strongest motivation possible. Mr. Stewart asked for the City Attorney's advice. Anthony Garganese, City Attorney, stated that the Board has the ability to levy fines, which will have long-term effects. Attorney Garganese suggested that the Board could, request Mr. Jindra hire an indoor environmental consultant or hygienist to certify that the unit is clean and no longer poses a threat to the residence to the condominium. Discussion followed. Motion by Mr. Stewart, seconded by Mr. Hate to remove the original motion as presented. Vote on the motion carried unanimously. Motion by Mr. Stewart, seconded by Mr. Godfrey to find Paul Jindra in violation of Chapter 34 Section 96 and in non-compliance of the Board Order and be fined Two Hundred and Fifty Dollars a day beginning June 24, 2005 until the issue is brought into compliance and require the Respondent to hire a certified interior environmental hygienist to verify to the Board that the ammonia odor is reduced to 0 ppm and the nuisance has been abated by July 20, 2005. The Board requests that the City take such action to enforce this order and abate this nuisance. Discussion followed. Vote on the motion carried unanimously. 2. Case No. 01-0008 —Violation of Section 94-4 11 Window Si nae of the Cape Canaveral Code of Ordinances 8050 N. Atlantic Ave — Provin & J ostna Patel Pro2prty Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that this Case was found in Violation on May 17, 2001 and given until June 26, 2001 to come into compliance. Officer Alexander further testified that an Affidavit of Non -Compliance was issued and presented to the Code Enforcement Board on July 19, 2001. City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL_, A Florida municipal corporation, Complainant, V. Paul Jindra, Owner of the Property located at: 605 Shorewood Drive Unit E503 Respondent. l CASE NO.: #05-00043 CFN 2005447420 12-20-2005 09:03 am OR Book/Page: 5581 / 2039 Scott Ellis Clerk Of Courts, Brevard County #Pgs:4 #Names:2 Trust: 2.50 Rec: 33.00 80M..0.00 ^- a 0.00 7xclsa: 0.00 Mtg: 0.00 nt Tax: 0.00 AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION THIS CAUSE having come on for consideration, after being duty noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2005, and dune 23, 2005, to determine whether any violation(s) of the City of Cape Canaveral of Ordinances exist(s) or existed on the Property, The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Fact and Conclusions of Law Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation or violations of Section 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation. 2. Section 34-96(d) provides, in relevant part, that "[ejxterior property areas of all premises shall be kept free of all nuisances... or conditions which may create a health... hazard." Section 34-91 defines nuisance to mean 105 .Palk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@efl.rr.com "everything that endangers life or health, gives offense to senses, violates the laws of decency or obstructs reasonable and comfortable use of property." 3. The Respondent either failed or refused to correct such violation within the reasonable time period provided in the Notice of Violation; that the Respondent was provided notice of the hearings before the Code Enforcement Board and was present at both hearings. 4. At the May 19, 2005 hearing, the City's code enforcement officer and numerous residents residing near Respondent's Unit E503 testified that on numerous occasions a strong, offensive odor of cat urine/feces (ammonia) was emanating from said unit. Further, the testimony indicated that the odor could be clearly detected in adjacent units, the exterior building corridor, the building elevator, and adjoining exterior balconies. 5. Witnesses testified and Respondent admitted that several cats live in Unit E503. In addition, the code enforcement officer introduced documents into evidence indicating that the Respondent has licensed (with Brevard County) ownership of several cats. Moreover, Respondent admitted that he considers himself a sort of caretaker for the feral cats that live in the area. 6. On May 19, 2005, the Code Enforcement Board ordered that the Respondent abate the nuisance and correct the violation by June 22, 2005 by 5.00 p.m or fines will be levied against the Respondent. 7. On June 23, 2005, the Code Enforcement Board conducted a compliance hearing. At this hearing, numerous additional witnesses also testified that strong, offensive ammonia odors were emanating from Respondent's unit. Several affidavits supporting the violation were also introduced into evidence. Additionally, several resident's testified that they have lost sales and leasing opportunities of their units because of the strong, offensive odors coming from Unit E503. Furthermore, the City presented scientific evidence (through the use of an ammonia testing kit) evidencing that significant levels of ammonia odors were detected emanating from Unit E503 on numerous dates and locations since the May 19, 2005 hearing. 8. At no time during the May 19, 2005 or June 23, 2005 hearings did Respondent deny that the ammonia odors were emanating from his residence. In fact, Respondent admitted that he was taking steps to try to eliminate the odors including presenting to the Code Board cat odor control products such as "Tidy Cat", odor control cat litter, and a portable electric air filter. D Based on tl:e evidence and testimony presented, Respondent has viol '- A the City of Cape Canaveral Code of Ordinances, to wit. a strong, offensive odor of cat urine/feces (ammonia) is emanating from Respondents residence (Unit E503 at 605 Shorewood Drive) that constitutes a public nuisance which is endangering the life or health of the occupants residing near said unit and obstructing the reasonable and comfortable use of the surrounding properties. BASED UPON THE FOREGOING PACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: The May 23, 2005 order of the Code Enforcement Board is hereby superceded by this Amended Order. 2. Respondent shall immediately take whatever steps are necessary to properly clean Unit E503 so that the ammonia odor emanating from the exterior of the unit is completely eliminated. Further, commencing June 24, 2005, Respondent shall pay a fine in the amount of Two Hundred Fifty Dollars ($250.00) per day until such date that the Code Enforcement Board confirms that the violation has been brought into full compliance as required hereunder. 3. Due to the gravity of the violation and serious health threat involved, the Code Enforcement Board commands that Respondent retain the services of a qualified Indoor Environmental Hygienist who shall confirm, in a written report, to the Code Enforcement Board that the ammonia odor described herein has been eliminated, the nuisance has been abated, and the violation has otherwise been brought into compliance with the City Code. Said report shall be delivered to the Code Enforcement Board on or before its next meeting on July 28, 2005. 4. If Respondent fails to provide the written report to the Code Board as required hereunder, the Code Board requests that the City take whatever lawful steps are necessary to enforce this Order and bring the violation into compliance. 5. The Clerk of the Code Enforcement Board shall be directed to record a certified copy of this Order in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent(s); Any and all future recurrence(s) of any violation(s) addressed herein after same haslhave been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violation(s) exist(s) shail Impose a fin= not to exceed Five Hundred Dollars ($500.00) per A-111 for each repeat violation, begir:ning on the first day the ren at violation(s) is/are found to exist. 7. Respondent shall also be responsible for costs incurred by the Cit; of Cape Canaveral, consistent with Section 162.09, Florida Statutes, for costs of enforcement and/or for reasonable repairs made to Respondent's property by the City of Cape Canaveral or its designee to correct any violation that the Board deems a serious threat to the public health, safety and welfare. a. The Code Enforcement Board hereby rese,^.yes the right to take further necessary action against the Respondent to enforce this Order and correct any violation on the Respondent's property, in accordance with Section 182.419, Flcrida Statutes. DONE AND ORDERED at Cape Canaveral, Florida, this 23d° day of June, 2006. Copies furnished to: Respondent, Paul Jindra Cape Canaveral City Council Cape Canaveral Case File CODE ENFORCEMENT BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA Mary Russ haiirperson 4 Code Enforcement Board Meeting Minutes July 21, 2005 Page 2 Code Enforcement Officer, Duree Alexander testified that this Case has been heard, the Board Order was sent, and the Respondent is still not in compliance. Officer Alexander stated that Mr. Patel requested to be heard. Mr. Patel, property owner, testified that he has removed some of the signs in the window and is requesting more time to come into compliance. The Board questioned Mr. Patel whether he understood how to come into compliance. Officer Alexander instructed him how to come into compliance. Mr. Patel stated that he understood. Discussion followed. Motion by Mr. Holfve, seconded by Mr. Godfrey to find Case No. 01-0008 remains in non- compliance of the Board Order and no extension is granted. Vote on the motion carried unanimously. 2. Case No. _02-00212 — Violation of Section 34-98 Buildinq Appearance and Maintenance of the Cap@ Canaveral Code of Ordinances 8200 Astronaut Blvd. Magma Trading Corp., c/o Rudy Hardick. Property Owner. Code Enforcement Officer, Duree Alexander provided an overview of the Case History and presented exhibits for the Board's review. Officer Alexander testified that Mr. Hardick is requesting the Code Enforcement Board recommend that Council approve the satisfaction or reduction of the lien based on the satisfactory completion of the demolition of the building or the completion of a building permit for rehabilitation of the building within six (6) months. Mr. Hardick, property owner testified that he believed he was in compliance based on a statement from the former Code Enforcement Official, Morris Reid. Mr. Hardick further stated that he would like the lien to be abolished and stated that he intends to do something with the building very soon, however he requested that a specific stipulation or time restraint not be placed in the motion. The Board expressed their concerns to Mr. Hardick regarding the length of time that the building has been vacant. Discussion followed. Motion by Mr. Godfrey, seconded by Ms. Russell to recommended that City Council approve the satisfaction of lien to take place immediately upon satisfactory completion of the demolition of the building within six months or upon completion of a building permit for rehabilitation of the building within six months. Discussion followed. Vote on the motion carried unanimously. 3. Case No. 05-00043 —Violation of Section 34-96 Standards Established, of the Cape Canaveral Code of Ordinances, (605 Shorewood Dr.) — Paul Ji,ndra, Property Owner. Code Enforcement Officer, Duree Alexander, requested that the Board withdraw this Case from the Agenda; due to the fact that the Board Order prepared by the City Attorney gave the respondent until July 28, 2005 to come into compliance. Motion by Mr. Hartley, seconded by Mr. Godfrey to withdraw Case No. 05-00043 from the agenda. Vote on the motion carried unanimously. Code Enforcement Board Meeting Minutes October 19, 2006 Page 2 COMPLIANCE HEARINGS: Case No. 05-00043 — Violation of Section 3496 Standards Established of the Cape Canaveral Code of Ordinances 605 Shorewood Dr. — Paul Andra Property, Owner. Code Enforcement Officer, Duree Alexander provided a brief overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that Walter Bandish, Assistant Public Works Director; Duree Alexander, Code Enforcement Officer; Douglas Seeley, Property Manager; and David Anderson met on the property on October 16, 2006. Officer Alexander stated that, with numerous ozone machines running and the carpeting replaced, there was no odor present. On October 19, 2006, Mr. Bandish conducted another site inspection after the machines had been turned off and the unit had been closed up. His inspection indicated that there was no odor present. Officer Alexander respectfully requested that the Board find the respondent in compliance and amend the Board Order to remove the condition that required the Respondent to obtain a report from an Environmental Specialist. Motion by Mr. Stewart, seconded by Mr. Hale, to find Mr. Jindra in compliance and amend the Board Order to remove the Environmental Specialist report previously required- Vote on the Motion carried unanimously. 2. Case No. 05-00101 — Violation of Section 94-11 Maintenance, Notice to Re air f the Cape Canaveral Code of Ordinances, (6103 N. Atlantic Ave.)— JWL LLC c/o Keith Bennett. R.A. Code Enforcement Officer, Duree Alexander provided an overview of the Case history and presented exhibits for the Board's review. Officer Alexander testified that the respondent submitted a permit application to renovate the existing ground sign. Officer Alexander further stated that the proposed submittal would bring the sign into compliance. Officer Alexander respectfully requested that the Board give the respondent until January 25, 2006 to come into compliance. Discussion followed. Motion by Stewart, seconded by Mr. Hale, to give the respondent until January 25, 2006 to come into compliance. Vote on the Motion carried unanimously. KIIIIIIIIIIII - • 1• ION, 1 • _ • • • 1' • 1 • •_ r � Rot IDE. Code Enforcement Officer, Duree Alexander testified that this Case is in compliance. City of Cape Canaveral CODE ENFORCEMENT BOARD CITY OF CAPE CANAVERAL, FLORIDA THE CITY OF CAPE CANAVERAL, Case #05-00043 A Florida municipal corporation, Complainant, CFN 2006316165.OR BK 5714 Page 9858, Recorded 11/0112006 at o8:17 AM. Scott Elis, Clerk Cif Courts, V. Brevard County # Pgs:3 Paul Jindra, Owner of the Property located at: 605 Shorewood Drive Unit E503 LEGAL: SHOREWOOD CONDO PH V, UNIT E503 AS DESC IN ORB 3693 PG 1010 Respondent, SECOND AMENDED ORDER IMPOSING PENALTY ON FIRST VIOLATION(Si THIS CAUSE having come on for consideration, after being duly noticed, before the Code Enforcement Board of the City of Cape Canaveral, Florida, on May 19, 2005, June 23, 2005, and October 19, 2006 to determine whether any violations of the City of Cape Canaveral Code of Ordinances exists or existed an the Property. The Board having heard the arguments of the parties and the evidence presented and having reviewed the record and being otherwise fully advised, the following Findings of Fact and Conclusions of Law are incorporated into this Order as set forth herein. Findings of Eact and Conclusions of LaMf Based upon the evidence and testimony presented at this hearing, the Code Enforcement Board finds: 1. The Respondent was provided a Notice of Violation in accordance with Section 2-258 of the City of Cape Canaveral Code of Ordinances and consistent with Section 162.12, Florida Statutes, that a violation of Sections 34-96(d), Standards Established, of the City of Cape Canaveral Code of Ordinances existed upon the Property and further provided a reasonable time to correct said violation; 2. Section 34-96(d) provides, in relevant part, that "[e]xterior property areas of all premises shalt be kept free of all nuisances ... or conditions which may crate a health .. . hazard." Section 34.91 defines nuisance to mean "everything that endangers life or health, gives offense to senses, violates the laws of decency or obstructs reasonable and comfortable use of property." 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-4326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX (321) 868-1247 www.rnyflorida.com/cape • email: ecapecanaveraj@cfl.rr,corn 3. The Respondent either cable time period provided in the of the hearings before the Code and .June 23, 2005 hearings and was Anderson by Limited Power of Attorney; Case #05-00043 failed or refused to correct such violation within the Notice of Violation; that the Respondent was provided Enforcement Board, was present at the May 19, 2005 represented at the October 19, 2006 hearing by David 4. At the October 19, 2006 compliance hearing, Code Enforcement Officer Alexander testified that significant efforts had been made to cure the Property of the outstanding code violations and that multiple site visits confirmed that the Property was free of the strong, offensive odors that were previously emanating from the Property. Cotte Enforcement Officer Alexander provided that the Property remained free of such odors even after being closed up and unventilated for several days. 5. Respondent has violated the City of Cape Canaveral Code of Ordinances, to wit: a strong, offensive odor is adversely affecting the surrounding properties causing a "nuisance', pursuant to Section 162.07, Florida Statutes, and City of Cape Canaveral Code Chapter 2, Article VI; 6. That said violation continues to exist within the City of Cape Canaveral and that such constitutes a violation of the City of Cape Canaveral Code of Ordinances. BASED UPON THE FOREGOING FACTS AND CONCLUSIONS, IT IS HEREBY ORDERED: 1. This Second Amended Order Imposing Penalty on First Violation hereby amends the Amended Order Imposing Penalty on First Violation dated June 23, 2005 2. The Board having heard the testimony presented at its October 19, 2006 meeting, hereby amends its Amended Order Imposing Penalty on First Violation dated June 23, 2005 with regard to paragraph 3 on page 3 which required the Respondent to retain the services of a qualified Indoor Environmental Hygienist. Given the change in circumstances presented to the Board, the Board hereby finds that such Hygienist is no longer required as part of compliance. 3. Upon a finding by the Code Enforcement Board that all other provisions of the June 23, 2005 Amended Order Imposing Penalty on f=irst Violation are met, the Property shall be found in compliance and the Code Enforcement Officer shall issue a Notice of Compliance. 4. Any and all future recurrence(s) of any violation(s) addressed herein after same have been corrected shall necessitate further proceedings before the Code Enforcement Board without necessarily providing Respondent(s) an opportunity to correct such violation(s) and that the Code Enforcement Board, upon finding such repeat violations) exist(s) shall impose a fine not to exceed Five Hundred Dollars ($500.00) per day for each repeat violation, beginning on the first day the repeat violation(s) is/are found to exist. 5. The Clerk of the Code Enforcement Board shall record a certified copy of the Second Amended Order Imposing Penalty on First Violation in the public records for Brevard County, Florida, which shall serve as a lien against the Property and any other real or personal property owned by the Respondent; 6. The Code Enforcement Board hereby reserves the right to take further necessary Case 405-00043 action against the Respondent(s) to enforce this Order and correct any violations on the Respondent(s) property, in accordance with Section 162.09, Florida Statutes, and City of Cape Canaveral Code, Chapter 2, Article Vl. DONE_AND ORDERED at Cape Canaveral, Florida, this 23rd day of October, 2006. -4.,- ,nI DD EIMFORCEMENT BOARAFidr= TY F PE AN VE`~ alter od , ce- Copies furnished to: Paul Jindra, Property Owner City of Cape Canaveral, Case File I hereby certify that a true and correct copy of the above and foregoing Order imposing Penalty has been furnished by certified mail to the Respondent (s) and/or Respondent's authorized counsel on this _:zZ day of c.� cb., 2006. I Joy L m ardi, Board Secretary r e Alexander, Code Enforcement Officer This packet contains; Pg 1) Cover sheet from Jane Kiser. Jane is the Realtor who represented the Sellers (Chris and Sebrina Love and Jeff Cooper) in the unit at Shorewood(E-502) which was directly next to Mr Jindra's unit(E-503). Pg 2 ) Cover sheet from David Atkins at Atlantic Shores Realty explaining that the Buyers of unit E-502, whom he represented, were withdrawing from the contract because of the environmental inspection relative to odor's coming from Mr Jindra's unit. Pg 3 ) Letter from C Edward Little, SR. The Buyer who withdrew from the contract because of the problem caused by Mr Jindra. Pg 4 & 5 ) Contract between the Sellers (Chris and Sebrina Love and Jeff Cooper) and the Buyers ( Charles Edward Little and Marie A Little) for purchase of E-502 for 5586,500 Pg 6 ) Settlement statement from the eventual sale of E-502 for $565,000 1z -3-z005 MUM FRW-PRUDEIITAL STAR REAL STATE 321-450-5566 T -2T5 P.001/006 F-536 • r. ~' 4 . ov ev 031 1 1733 N. Atlantic Ave - 2092 N. Courtenay Pkwy Cocoa Brach, FL. 32931 Merritt Island, FL 32953 (321) 868-5555 Office OR. (321) 4595555 Office (321) 868-5566 Fax (321).459-5566 Fax To:m: L -_s c Fax: - - - pages: -- _ CC: ' Date: c ^ 4� d 1 M'1 %A 0 4�!2 Af M g -Ad A-nJtlC 6.p yl�2' 1 125�110 12-18-20e6 15:48 CRAIG STEWART 3817831458 PAGE1 12-18-2006 02:50PM FROM-PRUDENTAL STAR REALESTATE t 1 t�a�%c S� R Dame: Pax To: Pm Number. W of Paw: sent By: Re: '"N himm 25, 2005 JANE KISBR 2 COUNTING COVER SH M DAVID P. AIMS r AGENT Sw-E-502 ter.. w 321-459-5558 ,_e' --.r T-275 P-002/006 F-536 HM AN OMA Rh d. ft C � G�l FL am 1754w7840 Paw W704DQ6R1 Tod Fm alf�hilpal�nat JAMB. AS I 'RB)ICM THE 13UYM HAVE FOUND THE INVIROMENTALII CT,EQN UNSATISFACTORY. I AM SORRY ABOUT ALL OF TIB WORT: RE BOTH HAVE PUT INTO THIS DEAL. I RAVE MYSELF FROM THIS CLIENT AND PLACED THEM IN THE HANDS OF MY BROMbL I DO NOT KNOW WHAT MM CAN OET DONE BUT I W= iMA= TIM LUCK IN TIM WORLD. IF THERE ARE ANY' gLTEMQNS PLRASI CALL 321-7494495 inm..om.r i_noin THANK YOU PANE FOR ALL YOUR PATMNCE. DAVM P. AT1248 SAI .89 / PROM RZ'Y MANAGEMENT lwaae a pw aGe#t 12-18-286 15:48 CRAIG STEWART 3227831458 PAGE2 12-18-2006 02:50PY FROWPRUDENTAL STAR REALESTATE 821-455-5566 T-275 P.003/000 F-580 W2212045 22:23 Pon a NUNN 8 NO.N.-M a 0, 9M WWA VU 1,-MrL G.. 3TC. Al *fORmm= DM B -M GAWUM►& Pham MNOW BR! J T6 fisc Mmilr M 1 7884 '11 PAX T„AN8MCT'"R'Ai- FORM Ta Bomio smww l�le+r !it sliarwioadeondo�QQ Plots: Arc i3�O0dD P4AaM 6d Ue OM1 rgbm at m *MwdPow Owpoc* M""V; roo&WoO bogy *~U ttp1AU, w=jo , aAd p� .,4t fRX, aWo dati 21=Vw; ssk iwg wu xP4 rmxk wksthar or wok wa wash to pumr. oyer ?mre aim cow nat aw uAU 11-M i^ vuw oft4l tab r" raadved frown. Pro- Le b/&SPTK tie WA be I- R1L res. F6b% 11 pt .., tilGb dam es ap t M&OKMA j. rac f w aw rp klt ow Of tka rapOm� he Qm brat hS was 0,0c atwaufw to fM4 vq"tK to fts the WAR"" of tko F""L li of 1414 r" -- 50 1 &XR4 t tisa i>�O l %fok* AtVYp4Abs, "VUd Ate, wha �id 1w tk4t P"p-e abs dM' M.* M14Mot UWPOUO" W*AA WV& McAt SPA d I Or XVA. LAL kOV& Mr. Far S)qMW h#ng KM W* tkft pro-jAb WVZM DM U W -*W RAALJist,$ 1844 tkt rMnct of rpdpw. AutLcsm wast *w?AxtUmtLb info Awa that tm Ad waij dzd the Pro -tab Mr e0%w fi..,6,tFor othar now that Prp4IbS +tee& mot V.pLp8dd for two pkrpod &f ` aftagl g &,,t "L 000M but h�rdd col o *.M or raNvA prasmQ. ObV&M&% , I sptwt .oO raaarb, As wDuw thidwedtlikh memo w t6k Pim fpnver in a- , vfflkW affsat akr haft RMA pWW*&Qrb stptms. WAA& ► tht mf"sftff*%and *u%w%swMm - Tftk And t da wot wins to Ooh tka ML&VArakou sau4etot as ► wait M- XWO ardar 40-. PdAWMIAC i iorA. 1 *A" JiAK and WVd t* a, Ow t ms *r actr d M. dawd todaw �b,rtens� �, h �o a han�e ►vot ��oa �ta�, Adata r wC aa*xfmobu wf#.h tkt& 12-18-2006 15:48 CRAIG STEWART 3817831458 PAGES 1Z-11-2000 MOM iROM-? UMTAL STAR REALESTATE 321-451-5568 T -xis P.084/608 F-636 A. SITTI-EMNT STATEbiF qr 1.�1., ■)j.. - �]J n7 Y' ��•.. ell ■ ♦1 ].�1�� _ •d: F'i i:. M1! • ► lot. owwon jiaw No 363 000.00 401. cmiroct ea 565 aoo.a0 1. ( ] PHA 2 ( j FMKA 3. [ 3 Coov. UAi * FU Nw bas Ilan 1400 .50 403. 104. 404. 105. 405. 10C Qxllmg UM e 1406. Ch Aewn taxes tNVII. mrwre■•*W( r■ir■■wwmMMmene+ls■r.,'a%-W.erwrewm 13 NAME AND A.DDAM OF BORROVAM 147,923.86 FMY NULLIM 3920 LAlCSFiURST DR. ORLANDO, FL 32819 109. L NAME AND ADDRS83 OF SELLERI 11a. CHRM LOVE VIA LIPS, III. SENIM LOVE , 308. MT COOPER , 209. DARL ENE COOPER 104 Sntth Post Road [P44naWls. iH 46219 1. NAME AND ADDRM OF LVMIR . CASl1 meamn (br tam 3d)w is sdvem Cr. PROTF ny LOCATION: 210 Aawn wwo 60S EDM92P 1]R C 32920 IL SETTLL*Amr AGElM 511. CWAny tMIS 11M to 07 PLACI OF SMLEM>cNT: INTERNATIONAL 7TrLX AND ESCROW CORP. 321-784-7999 Comm: Doane Rens 512. Asaermm= 226 N. Allactic ALO:. Com Bach, FL 31931 L SLITLZMNT DATEc 313. DJ3FV $TrM1ivNTDA M- 0710=05 514, 07!0112005 1.�1., ■)j.. - �]J n7 Y' ��•.. ell ■ ♦1 ].�1�� _ •d: F'i i:. M1! • ► lot. owwon jiaw No 363 000.00 401. cmiroct ea 565 aoo.a0 102. PMKW bmy 40. Personal Propdm 103. Ilan 1400 .50 403. 104. 404. 105. 405. 10C Qxllmg UM e 1406. Ch Aewn taxes 107. Comm407. Cgummm 147,923.86 0/0 07 20.69 109. 713 IAS 186.54 40P, COA FM - JMY O7 7/31/M 124.39 11a. 41a. III. 411. 308. 4l 209. 509. 'lad en11_ 201. qgeLft orae LM 501. Excels eaeinihnwxloas 102 Priamml: oram0mKA 502. 594mmet SNW roe sellar line 1400 MOO= 203. s to 503. s ohm uMca to 204 M nnfaf loan bnff 321439.09 05. 0 sxmdpayoff 147,923.86 206. 506. 207, 307. 202. 308. 209. 509. for irwait saner in &&watt meamn (br tam 3d)w is sdvem 210 Aawn wwo 510. Ci TWA$ 211. axe Ulm to nxw1472,00 511. CWAny tMIS 11M to 07 1972.00 212. Ati mpamm 512. Asaermm= 213. 313. 4. 514, 215. 515. 216. SIC 217. $17. 32. s12. I . 919. 195 MON FORM lata TELLER STATEIAENT: The kdowe m vonwned In Blodke F.G.M and ICA One 401(W 11401 is aeee�+ear d, Nana 405 and 4m14) V �Poltarx tax Inbremwkn end is babeTh Polnkw to e aetarned Rmoub Sallee. If yam aA mqulmd to Ike a romm. o neplpenn penalty m M odw swomtIon will I1nP o s s gn Ym Iftllb !tam 4 le I" lobe mPoMd and the IRB delm nkm that k hm not ben! repotted. AEUXR, y m em n qun d by sew to provide the sememelu qWd vAb log+► 0alteatWtlenli Wwbon Dumper. 0 you do g*pmvlft ell s mm m 290M with Y" yO w layer klooi Alawdion number, ymxt mqy be wgjaq to ow or almI11a1(�bnp&w oy taw. UftdW peMWM of ptnjvty. I early vW tM number shown on Albntlan. SCUM= and CadRaetlon Win A my 1 menet mxoW identldmtlon number. THM TRAULWI'ION 0 A16611 TAX p Sect Vt r, SE$RII'lA LOVE DAimim COOPZR 0-- 12-18-2006 r12-18-2006 15:49 CRAIG STEWART 3217831458 PAGE4 SIJ4RT1 FBB►1HUS 11:29W M*-PRUMNTIAL STAR REAL ESTATE 189-09a�0Q3 W�I1 07:13 P aTLA 3IC SHOli1S 11ALTY • O . 1 � h/�11♦i . !V W Ir . • job it.so O�irr►�►w r • mcmi �Tsvlvl f +321-866 5555 T-464 P.003POT 13217810090 2.002/010 tI� `�a�++��►►r►►rr 'ate �• arrM"0000.r SOME O ar+MrWdsr*iwwr IL�� ��P�,.y.�►�►��. ...�..�..��/wr�►�. �yw��w►rw►Z��fr—r►maw •.► •ww�rr .war►a��..�.....W...�r --rr ar MOMWO a rr�M w a rrrrrMOSS Ant M"qrjqq4wjv so dgymri i WON Novo IN St s>p� r�� lfwdi �. r �asa 5s 40 41 40 �i SNF X16 .z mpv. 04 s� hM ..�� l3N D2 Zs&r FOA- AV (�llQ:iCOliR.7I0R� •Q1�_in .> �iue�p�r�Y'�°� 4r r�laiSion� r[1>hisl �ouyMrb amo10 ab OHN d�rw" Awsoll r� �NIit l = 00 L ��►i 1df W I spl A� ea��MM�II� dMI 1 I I owl, had No pm% aM� �e wa�tdeae� p�eheef dlawr atqubun�li �Osera 1�1 rir* R1t5 �1� I m► tlM ptd�etadrwiw F1M�i:� Ihrr,iAr�i004 'PleefaltMR�t.7alRa�'d1�PIdAi�" ddl�llMllwd F91Klrf4 M-11-2005 i]:24MI FROM -PRUDENTIAL STAR REAL ESTATE ,Ia—W20M M 07:14 PY jT3.WIL 610115 UATY t321-668-6656 T-464 P-OW110T F-853 t9217840080 P. MOD D ata eaielM.arrri a oE, aesaeaf newt SOMME dw mood womof *md AmIg.olomw8 WIl a�rstumd aM1 ptapr�f add ddeooaaunl idwi +Md" o In �dr da w rd T iRul l" r d lmob of took- !two W& it � �tle�e ��NropN4 flan YIL A6��s� �irOsAlfpa� d ib etdu e d wdw �#�. �p�w li t8lreded �► 848�el10lld irvo�'�d � 8•aI twd Olneea�eevitlr er eat M 4rde6i4,ttffi F. w i! irtetlss twnwred laigb� tluewr loll b IR �r , adee tir er»lontile�Yalr M tar��IYO �>A� r' a�eldfiwa� o� stfa'� y{I 13L p�wwirtaeM f� aeeyYdi it w Daae SAM hoer Ilr � i � �aY r r With Cohn* Q ow mr d rq a C!f/OK tlBIIL # P -M s Iliuma►��ks � Ml m rand p.tf aeMmew�w aalma+rrT7 t.rnrEo�t nrr ontMrh�harMh+iMwr 77 09— 71 faaarlr aai irrdie leasfrtlpm.;UmsL eC awdaeBrAt >n id t ri lnteenerUel ereadeai�e�rly M 61e�1 4q�f� w o�nM 1W� gr1f IeMWf�. tomb �a�11Nd OrdMntoe11 OLVAIIIIIIN 8lR Ao�td�� II�6nal�Bldris��pd�edf�t$fa.110.1�� AS � ➢dddW �i4i71r #W a fMd1Mr� � IWrN tn�Moey. �11at, u �� TLLt1A8)��T6lfe�tlOif ALm Ta WI!UIWi1l. ilrb1a181 NOt iiErllr ON 7'i� 81iLLRR'i t Mt!Jt7Y' C�11�d 016 I�OIJItr 17 POW" Imwgquwl�l ME ��Ri����iti ,xL w e0�: se a I millip Asa(ft Fuldwrg" !� eaprtrae�ireotawae�serl weder�FaBdshd x nRea�leR weed a.e�eyo� Qooae lrM OrEMe�i'�!J!L m6zL a a" to Biw ■ twd� �brs dos+�lfE�>�wdler �t*aaos,�tio.ro..a a�aoa w' r" �a'su�'orai`nw°°"i or o io"na� oawl. 40a mi w�E _ -- - IMP , '1110 Y■ ler 106 x s%mwA j Pw Wr w?XAffWl R ['y aeM MMr u r t ea r d A t00swum lYan MM rnandor rMaO tm • 7 Q6 'li+�S i'3 Uil'� TO fpt►t,�11AN.T d wllfYB�. #� � B�ILI•Y W � 0� to TMR*X"PA8MNFRdMWlw dpaz-,Mw me im Rn WA IPA U# �ppee�! doM eote0we�r aw �he�a.lbla� d #* it MI CoI 1i �1� iM �I #�f SM prtiUa Ya leiiMt !t! Tinesesd ao�Me�s e�* str eMiw wA1 Mw 1'tP lu nil t s3 t _ tri .imw omm *CPO@" dme8lae MIn0' � iArt�� Ot 4ih $e @6JIZLOR-1'8ri�.C� 2ft 003i.A& tip � Idrflr< � i�lee■ >F eemUlel Oe�4e# ses M �� �gSIMd is ann�'t�e �t + mommNM mmbom Nowl ift "rrosmmwaara AeweW 4fAJK W sW Tu. RLftl a r SHOREWOOD CONDOMINIUM ASSOC., INC. 607 SHOREWOOD DRIVE CAPE CANAVERAL, FL 32920 Bill To PAUL JINDRA % Margaret Jindra 1989 Baintree Rd. Davis, IL 61019 Invoice Date Invoice # 1 / 112006 14876 Description Amount Bill from contractor pass-through Legal fees paid by associations/1812002 Watson Soileau 1,275.00 Bill from contractor pass-through Legal fees paid by association2/1112002 Watson Soileau 539.40 Bill from contractor pass-through Legal fees paid by association3/05/2002 Watson Soileau 105.68 Bill from contractor pass-through Legal fees paid by association3/11/2002 Watson Soileau 30.80 Bill from contractor pass-through Legal fees paid by association4/10/2002 Watson Soileau 274.78 Bill from contractor pass-through Legal fees paid by association5/09/2002 Watson Soileau 3 L60 Bill from contractor pass-through Legal fees paid by association6/5/2002 Watson Soileau 230.25 Bill from contractor pass-through Legal fees paid by association7/10/2002 Watson Soileau 322.52 Bill from contractor pass-through Legal fees paid by association8/07/2002 Watson Soileau 2,053.27 Bill from contractor pass-through Legal fees paid by association9/10/2002 Watson Soileau 1,631.28 Bill from contractor pass-through Legal fees paid by association 10/9/2002 Watson Soileau 1,585.14 Bill from contractor pass through Legal fees paid by association 1 1/11/2002 Watson Soileau 31.74 Bill from contractor pass-through Legal fees paid by association9/04/2003 Watson Soileau 60.37 Bill from contractor pass-through Legal fees paid by association 1 1/18/2003 Watson Soileau 300.00 Bill from contractor pass-through Legal fees paid by association 12/0412003 Watson Soileau 239.40 Bill from contractor pass-through Legal fees paid by association3/04/2004 Watson Soileau 297.57 Bill from contractor pass-through Legal fees paid by association3/3112004 Watson Soileau 18.87 Bill from contractor pass-through Legal fees paid by association2/03/2006 Watson Soileau 225.80 Bill from contractor pass-through Legal fees paid by association6/02/2006 Watson Soileau 340.00 Bill from contractor pass-through Legal fees paid by association8/02/2006 Watson Soileau 198.20 Total $9,791.67 SHOREWOOD CONDOMINIUM ASSOC., INC. 607 SHOREWOOD DRIVE CAPE CANAVERAL, FL 32920 Bill To PAULJNDRA % Margaret I indra 1989 Baintree Rd. Davis, IL 61019 Invoice Date Invoice # 12/18/2006 15886 Description Amount Bill from contractor pass-through Glass doctor Mirror 245.00 Total 5245.00 10:03 AM SHOREWOOD CONDOMINIUM ASSOC., INC. 12/99!06 Customer QuickReport January 2005 through December 2006 Type Date Num Memo Account Clr Split Amount E503-JINDRA Invoice 1/1/2005 10461 1060 Accounts Re... 6020 - Mainte... 389.00 Payment 1/6/2005 3023 1016 Undeposited ... X 1060 • Accoun... 389.00 Invoice 2/1/2005 10570 1060 Accounts Re... 6020 Mainte... 389.00 Payment 2/16/2005 3025 1016 Undeposited... X 1060 Accoun... 389.00 Invoice 3/1/2005 10766 1060 Accounts Re... 6020 Mainte... 389.00 Payment 3/17/2005 3027 1016 Undeposited ... X 1060 Accoun... 389.00 Invoice 4/1/2005 10962 1060 Accounts Re... 6020 Mainte... 389.00 Payment 4/14/2005 3029 1016 Undeposited ... X 1060 Accoun... 389.00 Invoice 5/1/2005 11158 1060 Accounts Re... 6020 Mainte... 389.00 Payment 5/10/2005 3032 1016 Undeposited ... X 1060 A000un... 389.00 Invoice 6/1/2005 11353 1060 Accounts Re... 6020 Mainte... 389.00 Payment 6/6/2005 3037 1016 Undeposited... X 1060 Accoun... 389.00 Invoice 7/1/2005 11562 1060 Accounts Re... 6020 Mainte... 389.00 Payment 7/11/2005 3039 1016 Undeposited... X 1060 Accoun... 389.00 Invoice 8/1/2005 11844 1060 • Accounts Re... 6199 Hurrica... 400.00 Invoice 8/1/2005 11955 1060 - Accounts Re... 6020 Mainte... 389.00 Payment 8/5/2005 3041 1016 Undeposited ... X 1060 Accoun... 589.00 Invoice 9/1/2005 12151 1060 Accounts Re... 6020 Mainte... 389.00 Payment 9/7/2005 3043 1016 Undeposited ... X 1060 Accoun... 389.00 Invoice 10/1/2005 12352 1060 Accounts Re... 6020 Mainte... 389.00 Payment 10/5/2005 3045 1016 - Undeposited ... X 1060 Accoun... 389.00 Invoice 10/31/2005 FC 519 Invoice 1060 • Accounts Re... -SPLIT- 25.00 Invoice 11/1/2005 12548 1060 - Accounts Re... 6020 Mainte... 389.00 Payment 11/17/2005 3047 1016 - Undeposited ... X 1060 Accoun... 389.00 Invoice 12/1/2005 12744 1060 - Accounts Re... 6020 • Mainte... 389.00 Payment 12/7/2005 3049 1016 • Undeposited... X 1060 - Accoun... 489.00 Payment 12/29/2005 1016 • Undeposited ... X 1060 • Accoun._ 100.00 Invoice 1/1/2006 14876 1060 • Accounts Re.,. -SPLIT- 9,791.67 Invoice 1/2/2006 13019 1060 - Accounts Re... 6020 • Mainte... 460.00 Payment 1/5/2006 3051 1016 - Undeposited ... X 1060 Accoun... 460.00 Invoice 2/1/2006 13140 1060 • Accounts Re... 6020 Mainte... 460.00 Payment 212/2006 3053 E503 1015 - Undeposited ... X 1060 Accoun... 460.00 Invoice 3/1/2006 13343 1060 - Accounts Re... 6020 Mainte... 460.00 Payment 3/6/2006 3055 E503 1016 • Undeposited ... X 1060 Accoun... 460.00 Credit Memo 3/14/2006 13485 1060 • Accounts Re... 6025 Monthly... -25.00 Invoice 4/1/2006 13545 1060 - Accounts Re... 6020 Mainte... 460.00 Payment 4/18/2006 3057 E503 1016 - Undeposited ... X 1060 • Accoun... 460.00 Invoice 5/112006 13744 1060 - Accounts Re... 6020 • Mainte... 460.00 Payment 5/8/2006 7042 E503 1016 - Undeposited ... X 1060 • Accoun... 460.00 Invoice 5/15/2006 14024 1060 Accounts Re... 6199.06 • Spe... 160.00 Invoice 6/1/2006 14136 1060 Accounts Re... 6020 • Mainte... 460.00 Payment 6/5/2006 7055 E503 1016 • Undeposited ... X 1060 Accoun... 460.00 Invoice 7/1/2006 14334 1060 - Accounts Re... 6020 Mainte... 460.00 Payment 7/10/2006 7078 E503 1016 • Undeposited ... X 1060 Accoun... 460.00 Invoice 7/20/2006 FC 633 Invoice 1060 - Accounts Re... -SPLIT- 25.00 Invoice 8/1/2006 14534 1060 • Accounts Re... 6020 - Mainte... 460.00 Invoice 8/1/2006 14817 Due before 0... 1060 • Accounts Re... 6020.06 • Spe... 400.00 Payment 8/10/2006 7093 1016 Undeposited ... X 1060 - Aceoun... 460.00 Invoice 8/17/2006 FC 652 Invoice 1060 Accounts Re... -SPLIT- 25.00 Invoice 9/1/2006 14932 1060 Accounts Re... 6020 • Mainte... 460.00 Invoice 10/1/2006 15135 1060 - Accounts Re... 6020 • Mainte..- 460.00 Invoice 10/2/2006 FC 704 Invoice 1060 • Accounts Re... -SPLIT- 25.00 Payment 10/24/2006 7105 #503 1016 Undeposited ... X 1060 - Accoun... 460.00 Invoice 11/1/2006 15336 1060 Accounts Re... 6020 - Mainte... 460.00 Payment 11/8/2006 7111 E503 1016 Undeposited ... X 1060 • Accoun... 585.00 Invoice 11/29/2006 15879 1060 Accounts Re... -SPLIT- 87.21 Invoice 12/1/2006 15538 1060 Accounts Re... 6020 • Mainte... 460.00 Invoice 12118/2006 15886 1060 Accounts Re... 1100 - Other R. 245.00 Page 1 WARNING LETTER July 6, 2006 PAUL JINDRA 605 SHOREWOOD DRIVE #E503 CAPE CANAVERAL, FL 32920 Reference: Violation of Article X Paragraph C, Shorewood Community Association Mr. Jindra, Complaints filed with my officc were investigated and you are found to be in violation of Article X, Paragraph C of the Condominium Documents. No nuisances shall be allowed to be committed or permitted on the condominium property. "There are complaints about the smell and roaches coming from your parking garage unit. And investigation of the unit revealed trash piled 5-6ft high around your vehicle. Observed were cockroaches and other pests, in, on, and throughout your parking garage. You are now served notice, that this must be cleaned up by July 16, 2006 or the Association will have the offending health hazards removed on July 17, 2006. Your prompt action in this matter is appreciated. Respectfully, Douglas Seeley, CAM Property Manager Shorewood Community Association, Inc. Cc: BOD SHOREWOOD CONDOMINIUM ASSOCIATION Duree Alexander, City of Cape Canaveral Timothy Pickles, Esq. Attorney . � � . . , � � � . . �\ , �� � � � � � ?d ,� � �� / . r� �� y � ����/ � : � /� % . \� � � � �. , :�\��� � � 7�z�2� \% , Law Offices WATSON, SOILEAU, DeLEO, BIuRGETT & PICKLES A PROFESSIONAL ASSOCIATION 3490 NORTH U.S. HIGH WA1 i COCOA, t- LORID.4 3242• b rC'i' )IR VL. Vv A'rSC1N' JOWN L SOtLEAU Fos! PTI It. OCLEG 5"FAC'N L, BURGETT r!,NIOTHV F'. PICKLES+ 0 i + JUSTIN R. FA' NE AT% D. CHiPMAIN 'W,Ued1 CENTIVED IN U^L IPeOPER'[Y La,s September 29, 2306 Doug Seeley, Manager Si-...,rcwoDd Condomini urn 507 Shorewood Drive Capc Canaveral, Florida 329.6 Re: Shorewood Ce:idominium v. lindra Our File No..- 04-5928 Dear Doug, Thank You for your email regarc•.ing the use of reserve funds to pay insurance costs. Can we borrotii from our-esenvs and repay in as a loan? 1ELEPRONE i .1��.assa FACSIMILE ( IA31-ISOT Tlx Association may divert or ;sorrow funds from reserve accounts for the purpose of P31ying insurance costs, following memt ar approval, Chapter 718.112(2)(f)3, F1i, Stat... provides drat "reserve fund, and any uAcrest asci iing thereon shall remain iri the reserve account ct accounts, Aird shall be used only for autborizea reserve expenditures finless their use for other purposes is approved in advance by a mAjorit / vote at a duly called meeting of the association." ft'the source of borrowed or diverted iands is from a reserve account that is required by law (roof replacement, building painting, paver-ent resurfacing, item with a deferred maintenance or replacement cost of b l 0,000 00 or more), then the Association may not borrow or divert funds from that account, if the diversion or luail depletes the account balance beyond its required balance.. Section b 1 B-22.005(3), Fla. Admin Code., ,provides that the required balance of the reserve account shall equal the sum of the following: i) Tt e otal amount to bring a negative Man" to zero; and ii.) The total est)mated deferred maintena xe-x1:,ztrse or total estimated replacement cost of the reserve component less the estimated balance .�f t1, rt serve component as of the beginning of the penod for ',vhich the budget will be Jr, effect. 1f cif :ui istLnceS permit, that figure could change. if the source of the borruwed or diverted fi,. ids origi•lated from an account not required by law, thea there would be no restrictions with regaro, to the t orrowing or diversion of farads, aside from inembmhip approval. _ 1 L C_ r Doug SeAcy, Manager September 29, 2006 Page 2 2. Can .ve use the reserves as eollatcral lur a lour:'' Shorewood ci :,mot use reserves as collattrai ,0r a loan, because such a use would not Conform with thc; use for wh: -h the funds were collected. Tne establishment o3 a "collateral reserve account" is not advisable, since it is riot likely that such a usewould be wnsidered as an expense .j with deferred maintei..snce or a capital expenditure. 3. Reeove,�- ofPa.,Uindra legal fees from proceeds rof sale, In general, Florida La u and the Shorewood Declaration provides that the prevatitng part}' is entitled to recover attorneys' fres )n actions pertaining to the enforcement of the oondo-minium dorumenst or the Condom;niam ACL. As you may k low, z judgment waz recorded as., Paul Jirtdra. Since Vlr. Jindra has declared th� Unit as his homestead, Shorewo-)d car not collect legal fees from the p;k)ceeds of t;Se sale of his L`nit, There are r.xceptiors, hove\er, where Mr. Jin ra could Iose the s:+mestead status of his Univ or funds assoc:iawd with, the sale if his Unit. In addition, many times .rile companies wiF .ollect and pdy jadgments, so that they do r.u! have tD ztake the determination of homestead status. Please do not hesitate to contact me shouitl you require fur&,eT assistance Best re arils, eth U. Chipman 'sde Lave Offices WATSON, SOILEAU, DeLEO, BURGE I'T- uc PLUK LEES A I AOFESSIONAL ASSOCIA'TIG:v 3496 NORTH US. IH1GHw'AY I COL04, FLORLDA 1.926 VICTOR M. wATSON+ JOHN L. SOtiLAUt JOSEPH E NLEO STAGY L. BURCE7"r TnIC rmy F. rickLLSt BENAETr M. MILLER LLP D.CAK" A tWARV CFATTMD IV REAL PROPYRTV LwW .1anua,-y 24, 2C'04 Mr. Charhe Kanc, ? lwiager Shorewood Condomini-arn 6117 Shorewood Drive Cage Canaveral, HeTida 32920 Re: Shorewood Condominium/Paul Jindra Our File No.: 01-16508 Dear Charlie TELEPHONE (32I)63I-1550 FACSIMILE (3:1)(1111.1567 Via Facsimile 868-0738 I am receipt ofyour Icrter dated January 20, 2005, The proper procedure would be a Motiorl to Compel Compliance with the previously agreed to Churl Order. Irl order to proceed with this, I will deed specific instances of. viollahons of the Order. Attached please find a copy of what Mr. �irnd.ra agreed ro with regard to his unit. If the violations of Ivir. Jindra are of a nature that were not contained within the (:Order, ?hen we can proceed forward with a separate ar .Mahon a::tiorn reprding arty separate vsolati:)ns. Thank you for your attention to this matter. Sincerely, Timothy-- Pickles TFP:bkw Attachment IN THIr t IRCUIT COURT OF THE FIGH'FEEv'TH-UDICIAL CIRCUIT IN AND FOR. BREVARD COLNTY, FLORIDA. CASE. NO: 05 -2001 -CA -00894 SHORE.LVOOD COMMUNITY ASSOCIATION, iNC. Plairtiff, vs. MAUI, rI?': DRA, Uetendant. �1�`41.r JitIl�+ PTI�G s TTI AlE� I ,E;1�1�.\'� THIS CAUSE having came before the Cot�rt on the Joint Motion to adopt t't:e parties' Mtdiamdor_ Settlement Agreemeut, and the Court being fully advised in t'�e rremises, it is 1wreby ORDF,RF.D and ADJUDGED that: I. The parties' Join: Moticfn is Grrxnted; 2 T;,e Court adopts and incorporates into this Order, the attached Mediation Settlement Apreet�ment executed by the parties on Septewber 5, 20{ 2; The Court sped fically adopts the f( ll wing terms of the lvlediation Settletxlent Agreement,, a. Deteandant will not :eed any animal 0" Shorewood Coadomanium property, excepting pets v,hich wilt be fed inside his condor onium writ ori Y; J. - Final Order Adopting Settlement Agreement 05-2001 -CA-00,1394 Hono.mblc Meryl L. Aliawas page 2 b, Defendant will not keep more than two perrr.;rnent pet cats in his condominium unit; c. Defendant will not bait or otherwise irttantionally attract any animal onto Shorewood Condominium property; d. Defendant will abide by the leash requirernents uf' the Shorewood Condominium Decliratlon of Covenants and Resirictlor,1 ; e. Defendant will annually have his ultrasonic pest repellcr certified as }wing in good �%orking order by a licensed servicing facility, and rurrnish prcof of such certification to Plaintiffupon request; 4. F3ch party shall pay h.s/its own costs, attomey,s fees al;d expenses i 7curred in this Case; 5. The Ga.tn r4tairs juri; fiction to enforce this Order as any other Court Order. DONE E and ORDERED on this clay of Septercb-r, 2002 in Chambers, Viera Coi xthouse, RreVard County, Florida . ✓- y r 1Vler}'1 L. A .L*Was Circlut Court Judge Fina Order Adopting Settlement Ag,reerrient Jd-2JOI-CA-00894 Honorable Meryl L Allawas Page 3 CEIRTIFICATE OF SERVICE f- . U. /Ill i I H;✓RES Y CERTIFY that a true and correct copy of the foregoing has been furnished via U.S. mail this 2 day of Scpternber, 2002, to: Alec D. Russell, Esq., Curry, Hams & Robinson, P.A., P.C. Box 1870, Melbourne; FL 32902-1870 and Timothy F. Pickles, Esq., Watson, Soilealt, DeLeo, Burgett & Pickles, P.A,, 1970 Michigan Avenue, Bldg. C, Cocoa, Florida 32923. Judicial Assistant IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR ER.EVARD COUNTY, FLORIDA. CAST NO: 05 -2001 -CA -00894 SHOREWOOD COMIvf UNI"I'Y ASSOCIATIO's,*, INC. Plaintiff, vs PAUL JINDR-A, Def6darnt. �?V111..�T r�lJl,� �l V �LIJr ,7 lTl L �1�YE1\T AGS' 4'1�;1T Plaintiff, SHORE'4i'00D COMIMr !?CITY ASSOCIr l"ON1 , NC , and Defendant, PAUL HNDRA, by anti through their respe;:tive undersi,ned counsel, hiiving attended mediation and achieved setiiemcnt of all issues and claims in this actiot;, Lereby jointly rt -,quest that the Court enter the attached Final Order adopting the parties' attached Settlement .Agreement. I?espcCtfully submitted, r- -' A7 -EC DSELL, ESQ. Florida Bat Number: 1;248134 1R.AY, FbkPR1S & R0BINS0N, P, A, Bot 18?t! NlrlbOume, FL 32992-19770 (321) 72'7 81oo Attorneys for Defendant, PAUL 3INDIZA TIMOTHY F ;aICI�I_ES, ESQ. Flo�tda Sar Nurn.ber 055621 V,'ATSON, a011EAU, DEI -F-0, P.O. BURG E'r & PICKLES, P.A. 1970 Michigan Avel•lue Building C Cocoa. Florida 32523 Attorneys for Plaintiff, SHOh PWOO1a C�Oi�`UU,�� 1i 1ZSM r�. IN THE CIRCUIT COURT OF THE EIGHTE-ENT14 JUDICIAL CaCLJr7 IN AND FOR BREVARn CGz °:QTY, FLORIDA CASE rt0.05-2001-CA-00894'0-XX)LX-XX SHOREWOOD COMMUNITY ASSOCIATION, INC., Plaintiff. vs. PAUL TIAzDRA, Defendant. 'MEDIATION SETTLEMENT AGREEMENT The parties agree as follows: D s s rel pay Plaintiffs, 44'f�'1 .. day's Qf The d—atNTT11i�SCIt�— action sn-n 3, fhe P r'��-£ set ler:: nte�the vol of tlae D._�faa&zxtf s 0 i- C.-u7j 4-Q., i' ; ✓ �i.!t � ir%di L�-� � ,N� _�i t'rL__G���: � i b 1` .�i �—�E�j",.�L7�•a� i i.�iir / �" %L> � � !/, �C• �� �i P. -.J � �/t'.1a n �c n t r �*t rf� r�1D��r�.XC�, f! C, !`.sem ri"JCt �i �✓ Gv ro �'jr:�.^� 'Ly��. �;�;�� P�ii�r-�:�c%z!'- �aL'� G'�F ��' /.� a -j ,., Cr�r..�o,�,•::• 'u.�� k".v :: , 1 10 4F. 7 Iv.,, r lx -i e' 1C'/Xs �r %r 1 �Yr"ice .$ 7 73 e Ccw�n-w •i: , ... G��/_+_ ✓/ [+T 4�/�i�y�'K�. G IS ! y�2I�/1� ��.�/.��7 "!'(7 f�}} l7t'•s- j .�rJ JD �.0 mss � %-� U.+� � �!� r'a• /�• •L t'.t-• �D �.y f�•4C r 1 , n�.� f`r. 7�lt.,c .k-� / J � 6. If all litigants are not present, then the signatories to this Mediation Settlement Agreement confum that they have fall and final authority to exeru,e di Agreement on behalf of bny litigants trot present at the mediation conference. 7. Rach party shall pav hislhaer/its own costs,g.* �r-ro.vU y� Bated *his_ day of 2002. A Defend Plaintiff(s)�" -"*,\ -.Or c. LOBER. �flr:DIATOR ndaat(s n_, r; ESS Law Offices WATSON, SOILEAU, De'LEO, BURGETT & QICKL,ES A PROF ESS[ON AL AS`OCLATI ON 3403 NORTH U.S HIGltWAI' I cocoa, FLOR-IDA 31426 L/1CTI7R 11. WATSON!TELEPHON19 do RN L. SOTLEAUI (3: { jb31-1550 jo,weH E. DeLEO STAC Y L. BCIRGET T r•.at,s[rirrL e TIMOTHN' F. PICKLES} (32t}4 tt-1567 ♦ ♦ 0 5Er4NXTt' 17. S11LL£1t LI [S D. C'ARREJA tROARD CERTlF'1F:D N REAL VROPERn LAW FACSIMILE TRANSMITTekL FORM TO: Ar. Kane, � nn r.I^ Shere,wood C.'ondominiutsi Facsimile No.: 568-0138 FROM, T' tit F. PicU-e-ry U -q4 e Facsimile No.: (321)631-1567 Phone No.: {321}631-1550 TOTAL PAGES: EIGHT (8) (including this page) DATA;: Jjmuary 24, x005 RF,: Shorewood Condominiu3rn Our File No.: 01-1608 ATTACHMENT: Letter dated January 2d, 2005, evsth attachments. If ycu do not recctve flus traalsa-ission c,orni)?ctely or ifar.y of it is Wugib;e, plee,-e tall 02 1)631-1550- OV 1631-1550. JG AL lDQCUN11'%NW X k-IFLD IN FILE V�A COURIER a S. NIAdL -- FEDER-kL LXFKESSi iJ The information contained in this facsimiie message mitt' be protected by the A.ttorn&yiClient mild/or ttie Attorney. Work Pmduc:t privileges. It is intended only for the use of the indiyidual named above., and the privileges are not waived by virtue Of this having been sent by facsimile. if the perseu actually rece.lving thin facwhnile or any other reader sof the faesftlk is not the named recipient or' the employee Qr agent respoasible to deliver it to the named recipient, Ori} use, disaet ImMon, dletributiort, or copying of this communication k strictly prohibliud. If you have recelvW this eamniunication in error, please immediaWy notify ua by telephone, and return the originai meSSA&4: to us at the above address via the U.S. Postal Service. 'Thank you. IN "I FIE COUNTY COURT'OF 7'FIE LiC3IIT£:ENTIf .tC1D[CIAI_ C'1RC` IN AND f UIZ RIZEVARD COUNTY.. FLORIDA UI-I� SI IOREWOOD COMi1�fLtNITY CASA= NO.: 05-2004-SC-02773-XX'CX- ASSOCIATR )N. INC.. XX Plaintiff: I PA[ LJINDIZA, Defendant, MOTION FOR ATTORNEY'S FEES AND C'C?STS COMES NOW the Plaintiff; Sf10REMOOD COMMUNITY' ASSOCIATION, INC., f"1'ttiti��t�cr „) by and throUgh its undersigned attorney, and f1les this Motion lbr Attorney'~ Fecs Lind C osts, and in srihhor-t thereof ivould state as folloWs: 1. As �r result of Defendant's failure to Pay Plaintif1'$945.00 as awarded by the Arbitrator. in Division of, Florida, Land Sales, Condmillit1111S and Mobile IAomes Case Number 20W-02-74Q9and M. Case Number2003-09-31 14, Plaintiffwas forced to filethis action to enforce the Arbitration anvard. 2 At the heal -in Feld on SC 7tember 1 2, 2005, this Court awarded Plaintiff'Sumn1ary •1ud4111ent and aifu*med the Arbitrator's decision. 3. Pursuant to Section 718.1255, Florida Statutes, Plainfiffis entitled to recover casts and reasonable atlor7tcy's fees expended in this action from Defendant. "' 1 f f 10-1`ORE, Plainti tf'requcsts that this Court enter an award ofattorncy's fees and costs in this action, and for such other and further- relief as this Court (tens eduhahle and just. CERTIFICATE OF SERV ICE 1 11ERr'BY CERTIFY that a true and correct copy of the toregoing has been by U.S. mail to John Leklcm, Escl., 5151 Adanson Street, 498, Orlando, Florida 32804, this day of Septcniber, 2005. j Luis D. Carreja, Esquire WATSON, SOILFAU, Dc:LE.O, BURGETT & PICKLFS, P.A. 3490 N. U.S. l Iighway l P.O. Box 236007 Cocoa, FL 32923-6007 (321)631-1550 Florida Bar No.:O176060 Attorney for I'laintitt Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Considerations Item 4 No, AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: STOTTLER, STAGG & ASSOCIATES PROPOSAL FOR CONSTRUCTION DRAWINGS — BUCHANANIORANGE AVENUE DRAINAGE PROJECT IN THE AMOUNT OF $7,924 DEPT./DIVISION: PUBLIC WORKSISTORMWATER Requested Action: City Council consider the proposal from Stottler, Stagg and Associates for construction drawings in the amount of $7,924 for the Buchanan/Orange Avenue Drainage project as recommended by the Stormwater Administrator. Summary Explanation & Background: See attached memo from the Stormwater Administrator and Stottler, Stagg and Associates proposal. I recommend approval. Exhibits Attached: Stormwater Administrator memo, Stottler, Stagg proposal City Man 's Office— Department To: Barnett Boucher — City Manager Tirm* Ed Gardulski — Public Works Director From: Jeff Ratliff — Stormwater Administrator Date: December 15, 2006 Re: Agenda Item for January 16, 2007 Funds for Stottler Stagg & Associates Engineering Fees — Buchanan/Orange Avenues Drainage Project The purpose of the Buchanan/Orange Avenues Drainage Project is to lessen flooding in the Cerner Street Drainage Basin — particularly at the intersection of Orange and Lincoln Avenues. Due to the two - grant funding for the project, Staff has divided this drainage project into two phases. Phase 1 of the Buchanan/Orange Avenues project entails the design and construction of the drainage box to be installed at the intersection of Buchanan and Orange Avenues. On March 15, 2005, City Council approved the engineering services from Stottler Stagg & Associates (SSA) for Tasks 1 and 3 of Phase 1 in the amount of $14,076. The initial engineering services including the following: field surveys, hydraulic evaluations, and preliminary design drawings. The Public Works Department is requesting approval of Task 4 funds for Phase 1 in the amount of $7,924 for the completion of engineering services by SSA for the Buchanan/Orange Avenues Drainage Project, The City has received a Community Development Block Grant (CDBG - $100,000) through Brevard County to complete Phase 1 of the project. Phase 2 of this drainage project is the result of a hydraulic study performed by SSA during the evaluation of Phase 1. As a result of the study, SSA has determined that the storm drainpipe and inlets at the intersection of Lincoln Avenue are undersized. The City Council approved fiords ($8,500) on December 5 for SSA to complete engineering drawings and additional engineering tasks for Phase 2. It is anticipated that funding from FEMA will pay for a majority of the construction activities during Phase 2. The total fee for engineering services from SSA is in the amount of 57,924 for Phase 1 construction drawings. The firnding request is part of the original cost proposal submitted by SSA (copy attached) for the project in February 2005, and is required for engineering and construction drawings for bidding purposes by Brevard County. The approval of this project is imperative is meeting the FEMA Hazard Mitigation Grant Program and CDBG requirements. The estimated construction costs for the project are approximately $267,000. Recommend approval of engineering services from SSA in the amount of $7,924 for Task 4 of Phase 1 - engineering and construction drawings for the Buchanan/Orange Avenue Drainage Project_ February 21. 2005 SSA Ed Gardulski, Director, Public Works City of Cape Canaveral 105 Palk Avenue Cape Canaveral, FL 32920-0326 RE: SSA Fee proposal for Major Storm Drain Box at Buchanan Ave, Cape Canaveral, FL Dear Ed: Per your request, Slottler Stagg & Associates, Architects Engineers Planners, Inc. (SSA) is pleased to present our fee proposal for design of major storm drain junction box at Buchanan Avenue. As discussed, this intersection of Orange Avenue and Buchanan Avenud has an existing ntanhole with a hydraulic problem. Stormwater flows coming to the south along Orange Avenue meet in the manhole and conflict with flows going north from Lincoln Avenue. The result is a higher storrnwater stage in the smaller storm drain back to Lincoln, with Inlet boxes flooding the street and Into residential yards. A larger storm drain box is needed that better separates the conflicting storm flows, reduces turbulence, and lowers the hydraulic gradient in the line going back to Lincoln. SSA's specific scope of work is as follows S$A SCOFF OF WOR Task 4 — Field Su e s: SSA will obtain topographic elevations of the Orange/Buchanan Avenue intersection and also obtain existing inverts of the local storm culverts and inlet boxes. First floor stabs of impacted properties near Lincoln Avenue will also be obtained. Task 2 — oils I vesti atian (By Others): SSA will coordinate two soil borings by a testing laboratory to evaluate design criteria for the major junction box, Bearing soil values, pavement designs, water tables, etc., will be obtained from the soil investigations. The cost for this testing program will be forwarded directly to the City. Task 3 — dr c By g 'on: SSA will perform a hydraulic evaluation of the existing box for the existing condition and then model the proposed junction box Preliminary designs will be reviewed with City staff with preliminary cost estimates being prepared. The proposed design will impact the existing roadway intersection and, as such, an initial maintenance of traffic (MOT) plan will also be considered. Task 4 — C nstr io peal SSA will prepare construction designs for the major Junction box. As this is a "maintenance type' project no regulatory permits are anticipated and this will be discussed with the SJRWMD following the hydraulic evaluation. if permit applications are required this will be considered an additional service. Five sets of plans will be given to the City with this design. Task 6 Co struction Su art: As an additional task $SA can furnish construction supportas follows: • Prepare for and attend contractor pre-bid meeting Prepare for and attend contractor pre -construction meeting Review shop drawings • Perform site inspections Finalize project (including punch lists if needed) Final certification A separate SSA proposal will be issued for this task if requested by the City. STOTn.E t STAGG & ASS0C1ATFS ARCHITECTS ENGi,%-EF_ S PI-mNINEi-S, fNC. 8&4UFoah Atlantic 1veaue P. 0. Box 1630 Cape Ca,03"r'!, P*ri'ia 3M?34 'yea 321-79313211 lac. *AA DYK13:r9 1EB'YP)%62 1,F1'k i7t}} Ed Gardulski February 21, 2005 page 2 SSA Fee p 2posaf -- Drainage Box at Buchanan Avenue SCHEDULE5 ANLL Ff~ sche u es: Upon receipt of a City Purchase order SSA YAII start work immediately. Approximately twenty (20) working days are required for Tasks I .and 2. Upon receipt of this data fanol schedules Will be prepared by s8A to comoete the design package. Eq#r,: SSA's fees (ar,the above listed tasks (items 1, 3 and 4 above), will be a lump sum fee of $22,000. Print costs for five (6) sets of drawings have been includdd In the lump sum fed. sSA`s fees W9. be invoiced based on a percentage of work being completes! each month and payment will be due within thirty (fit)) days Of receipt. Compensation rates are based on ordinances, iagatations and prmbedures in forte on the execution date of this Agreement by the appropriate-goVerning bodes havtrt juttsri#c inri ovet"tl ea. Any significant Mon modification in these ordinances. r ufatlt -n,% j�tp duce .Vic. Shall be ju tfittati9w. ,d ft�r the oompensattort sl�ie to the Consultant for �e wc�tic tnvohr ti as Ut►dder�'o�s3 that any and afl professional liablut es incurred by SSA throughout the course of rendering p not .- nal servicbs on able project shall be limited to a maximum of the net fee received by SSA, not in reimbursable expenses and sub -consultants, for all services rendered on the project. Should it become all oed ssafa ry to obtain a third party to collect our fees for services, the City hereby agrees to pay such eoHections Including Attorney's fees. The ciiy and SSA respectively bind themselves, their partners,- successors, asslgns. and legal representative to. the other party to thts Agreement and to the partners, sus a S6rS, assigns, and nor reprssentatives of such other party with respect tq all covenants to this Agreement. Neither the City nor SSA shall assign, sublet or transfer any interest In this Agreement without the written consent of. the other. The terms and conditions of this proposal are effective through February 22, 2005. Acceptance after this date may necessitate increased fees or altered Conditions. Ed, your authorization of this proposal can be accomplished by the appropriate signature below and our receipt of a Signed copy and a City Purchase Order. Thank you. Sincerely. Stottler Stagg & Associates Architects, Engineers, Planners, Inc. John A. Pekar, PE Vice President JAP.jls cc_ Kim Kelly ACCEPTANCI-: BY: TITLE: DATE; W W F- a W cc w 0 OL z a F 0 40 0 0 o N � o fo w r H H n M � � p p 6 O O O O O i F; LO h H o y 0 ? o a � F CL • � o tL O v � an fis vt � v9 u9 H tv o= t3 h 0 m 0 7 cl v Wl a o p 0 �? 0 9 W e O p J N w ti u y b .a m O .0 CL G c pU 6 foa � V u x C <i � V 0 0 6 o 0 O p 0 0 0 d 0 o o O x M c%i C X m N 2 Ixif [li r N O N k H 43 y fA N Vs oa 00 04 do w �m N 6R N fH V'F fit �"] O {p l(] VY 00 oma �� a � .Q O O IR C6 1c; a,9 N 69 Yl N N N M t-1 �l HR mfA K _ QN i F; LO h H o y • F CL • o tL O V) 7. u• s [9 F tv o= t3 h m 0 7 cl 6 d Wl p 0 m m 9 W e O J N h .-E = "� u y b .a m O .0 CL G c pU foa � V u x C <i � V 0 d x k V X m N 2 Ixif C N O cO IO Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Considerations Item 5 No. An appropriation of sewer impact fees in the amount of $27,929 is needed to fund this change order. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: PUBLIC WORKS MAINTENANCE BUILDING, CHANGE ORDER NUMBER ONE IN THE AMOUNT OF $27,929. DEPT./DIVISION: PUBLIC WORKS Requested Action: City Council consider change order number one for the design and construction of a "waffle slab" to Butler Construction and an appropriation of Sewer Impact Fees in the amount of $27,929 for the Public Works Maintenance Building as recommended by the Public Works Director, Summary Explanation & Background: See attached memo and consultant recommendation. An appropriation of sewer impact fees in the amount of $27,929 is needed to fund this change order. I recommend approval. Exhibits Attached: Public Works Director memo, Brown and Caldwell memo City Manager' .Office - Department Lf— MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski A Public Works Director DATE: December 15, 2006 SUBJECT: City Council Agenda Item for January 16, 2007 Public Works Maintenance Building Change Order 1 The City of Cape Canaveral advertised for Public Works Maintenance Building BID no 06-05 and was published in the Orlando Sentinel and Florida Today on June 26,2006. In addition, the BID 06-05 was posted on the City of Cape Canaveral's Web Page. Twelve (12) firms purchased bid documents. A Pre -Bid meeting was held on July 7`h at 2:00 at the City Hail Annex. Bids were accepted until 2:00 on July 21 st, 2006. On this date, the City received three (3) Bids. Bid opening was on July 21S` 2006 at 2:15 at the City Hall Annex. Butler Construction of Rockledge, Florida was the low bidder in the amount of $507,777. On August 15 2006 City Council awarded Bid 06-05 to Butler Construction. As part of the Bid changes were provided for poor soil conditions. After geotechnical investigation it was determine that the building slab design should be a "Waffle" type. Brown & Caldwell Engineering has reviewed the request and has agreed with the change order in the amount of $27,929. Staff has approved the request. This project is 100% impact fee eligible. Recommend Change Order 1 to Butler Construction in the amount of $27,929 and appropriation of the necessary funds. 850 Trafalgar Court Suite 300 Mairland, FL 32751 Tel: (407) 661-9500 Fax: (407) 661-9599 December 13, 2006 Mr. Ed Gardulski Public Works Director City of Cape Canaveral 601 Thurm Boulevard Cape Canaveral, FL 32920-0326 0022--041074 Subject: Change Order Request Approval — Waffle Slab City of Cape Canaveral Water Reclamation Facility New Maintenance Building Dear Mr. Gardulski: Attached, please find a copy (I page) of the change order request by Butler Construction Company for the $27,929 lump sum fee for the "waffle slab design" for the new Maintenance Building at the City of Cape Canaveral Water Reclamation Facility (WRF) site. I have also included a breakdown of the change order cost (I page) that was subsequently requested from Butler Construction Company as back-up for the proposed lump sum cost. Please note that both Brown and Caldwell (BC) and Butler Construction Company questioned the geotechnical investigator as to the actual necessity of the increased slab thickness; however, the geotechnical investigator stood by his initial recommendations regarding the necessary slab design which he based on actual soils information obtained from the site. BC feels that the proposed cost of the change is reasonable and recommends that the City proceed with approval of the change order request in the amount of $27,929. Best Regards, BROWN AND CALDWELL June Smith, P.E. Brown and Caldwell 850 Trafalgar Court, Suite 300 Maitland, Florida 32751 cc with attachments: Office: 407-661-9593 Cell: 407-920-0085 FAX: 407-661-9599 Email: JSmith@Brwncald.com Walter Bandish, City of Cape Canaveral Bennett Boucher, City of Cape Canaveral E n v i r o n m e n t a l E n g i n e e r s 6- C o n s u l t a n t s FROM : CAPEPIJ FAX N0. :3218681233 Dec. 04 2006 04:53PM P1 BUTLER CONSTRUCTION COMPANY GENERAL CONTRACTORS 4,907 GF'.ORGIA AVEI+IT 210 RARDFiE 1.ANF WEST PALM $F-ACII, FLORIDA 3.3405 ROCKLEDCE, FLORJDA 32455 a PLEASE REPLY TO: ROCKLET)l: B OFF1C & November 22, 2006 Public Works Department P.O. Box 326 Cape Canaveral, Florida 32920 Att: Mr. Walter Bandish Re: Project 129130 Cape Canaveral Maintenance Bldg Gentlemen: PHONE. (321) 632-6234 FAX # (321) 632-6331 The "standard" metal building slab design has been changed to a "waffle slab" design as required by the subsoil investigation made by Universal Engineering. The cost change value totals $27,929. Please issue us a change order for this amount and if you have questions contact us as soon as possible. u er CL mpany, Inc. hn P, ler, Jr. Sec. /Treasurer FPCH : But 1 er/J&K FRX NO. :6326331 Dec. 13 2004 01: OOPM P1 BUTLER CONSTRUCTION COMPANY GENERAL CONTRACTORS 4807 ills[ RGIA AVLNUE 210 WARDHE LANT- WEST PALM BEACH, FLORIDA 33405 ROC:KI RrxiF;, PI.ORI13A 32955 PLEASE REPLY TO: ROCKLEDGE OFFICE December S, 2006 Public Worcs Department P.O. Box 326 Cape Canaveral, Florida 32920 Att: Mr. Walter Randish Re: Project 129130 Gape Canaveral Maintenance Bldg Gentlemen: P14ONE: (321) 632-6234 FAX 11(321) 632-6331 As per your request the following is a cost breakdown for the slab design changes required by soil engineer - Universal Engineering and the structural engineer: Concrete change added 66ey at perimeter & column spread footings: $ 9,950 Additional perimeter edge forming: 2,950 Additional excavation at perimeter and column spread footings: 1,100 Additional concrete pumping: 1,635 Reinforcing Steel change — added 3.34 tons : 6,01.7 Additional. "raffle slab" design engineering fee : .1.000 $22,808 10% Overhead 2..281 $25,099 10% Contractors Fee 2.509 $27,598 1.2% Bond 331 Total change cost $27,929 Please issue us a change order for this amount and if you have questions contact us as soon as possible. utter C struction Com any,lnc. ohn P. Butler, Jr. Sec. /'Treasurer Meeting Type: Regular Meeting Date: 01/02/47 AGENDA Heading Considerations Item 6 No. - Parcel 1 — Lots 1 & 2, Block 36, Avon by the Sea. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: UNITY OF TITLE AGREEMENT WITH TREES FOR SQUIRRELS, LLC DEPT./DIVISION: CITY ATTORNEY Requested Action: City Council consider the approval of a Unity of Title Agreement with Trees for Squirrels, LLC as recommended by the City Attorney. Summary Explanation & Background: This Unity of Title Agreement will apply to the following parcels as mentioned in Section 2 of the Agreement. - Parcel 1 — Lots 1 & 2, Block 36, Avon by the Sea. - Parcel 2 — Lots 9 & 10, Block 36, Avon by the Sea This is for the Storts Animal Clinic Project. I recommend approval. Exhibits Attached: City Attorney Memo, Unity of Title Agreement City Mana /s Office __ Department Page I of 1 Bennett Boucher From: Kate Latorre [kiatorre@oriandolaw.net] Sent: Thursday, December 21, 2006 11:32 AM To: Bennett Boucher; Todd Morley Subject: Storts Animal Clinic Unity of Title Attachments: Storts Unity of Title.pdf Susan Chapman returned to me the partially executed unity of title for the Storts Animal Clinic project. (Dr. Starts signed already) Approval of the same needs to be placed on the next available City Council agenda. Since I have original document now, I will save in our file for Mayor's execution upon approval by Council. I have attached a copy of the partially executed document for the agenda packet. Let me know if you need anything else. Thanks. Kate Latorre, Es . 225 East Robinson Street, Suite 660 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net Email: klatorre@orlandolaw.net Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time -sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. 12/22/2006 Prepared by and return to: Katherine W. Latorre, Esquire Cape Canaveral Assistant City Attorney Bro,.vn, Garganese, Weiss & b'Agresta, P.A. Post Office Box 2873 Orlando, Florida 32802-2873 (407)425-9566 Tax Parcel Id: Parcel 1: 24 -37 -23 -CG -00036.0-0001.00 Parcel 2: 24 -37 -23 -CG -00036.0-0009,00 UNITY OF TITLE AGREEMENT THIS UNITY OF TITLE AGREEMENT is executed this day of , 2006, by and between TREES FOR SQUIRRELS, LLC a Florida Limited Liability Company, whose address is 212 Fillmore Avenue, Cape Canaveral, Florida, 32920 (hereinafter "Owner"), and the CITY OF CAPE CANAVERAL, a Florida municipal corporation, whose address is 105 Poly Avenue, Cape Canaveral, Florida 32920 (hereinafter "the City"), WITNESSETH: WHEREAS, Owner is the owner of two (2) individual parcels of property within the City of Cape Canaveral Florida; and WHEREAS, the parcels are identified as tax parcel identification numbers 24 -37 -23 -CG - 00036.0 -0001.00 and 24 -37 -23 -CG -00036.0-0009.00 (collectively referred to herein as "the Property"), and were conveyed to Owner by warranty deed recorded in the Official Records of Brevard County, Florida at Book 5687, Page 6283; and WHEREAS, these parcels of property lie contiguous to one another; and WHEREAS, Owner has assembled these parcels to improve the property by constructing a single structure on both parcels of property; and WHEREAS, the City, as a condition of site plan approval, has required Owner to record this Agreement to demonstrate unity of ownership and title in the above referenced parcels; and WHEREAS, Owner and the City desire to have the parcels recognized by the City as one (1) lot for development purposes under the City's land development regulations; and NOW, THEREFORE, in consideration of the mutual covenants contained herein, the receipt and sufficiency of which is acknowledged by the parties, the parties agree as follows: UNITY OF TITLE AGREEMENT CITY OF CAPE CANAVERAL / TREES FOR SQUIRRELS, LLC Page 1 of 4 1. Recitals. The foregoing recitals are true and correct and are hereby fully incorporated into this Agreement by this reference. 2. The Property. Owner represents and warrants that it possesses fee simple title to the Property identified herein: Parcel 1: Lots 1 and 2, Block 36, AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7, of the Public Records of Brevard County, Florida. Parcel 2: Lots 9 and 10, Block 36, AVON BY THE SEA, according to the plat thereof as recorded in Plat Book 3, Page 7A, of the Public Records of Brevard County, Florida. Representations of Owner. Owner hereby represents and agrees as follows: A. Owner agrees, as a condition of site plan approval, that the Property described in paragraph 2 of this Agreement shall be unified in ownership and title for development purposes upon recording of this Agreement. B. Owner further agrees to not sell, convey, or assign any interest in these parcels, which would cause the loss of unity of ownership or title, without first obtaining the written consent of the City of Cape Canaveral. C. Owner agrees and consents that this Agreement shall be recorded in the office of the Clerk of Circuit Court in and for Brevard County, Florida, and that all costs of recording shall be paid by the Owner. D. Owner agrees that the provisions of this Agreement shall be binding upon the heirs, personal representative, successors and assigns of Owner. This Agreement shall run with the land. IN WITNESS WHEREOF, TREES FOR SQUIRRELS, LLC has hereunder set its hand and seal the day and year first above written. UNITY OF TITLE AGREEMENT CITY OF CAPE CANAVERAL / TREES FOR SQUIRRELS, LLC Page 2 of 4 Erom:CITY CAPE CANAVERAL BLDG. DEPT321 868 1247 12/13/2006 05:12 4015 P.004/005 OWNER; TREES FOR SQUIRRELS, LLC, a Florida Limited Liability Company. By: a" � \Z" Print N e: `tt el I �j Title: N10 -fkQ CA? STATE OF FLORIDA COUNTY OF AeFVA& D I HEREBY CERTIFY that on this day, before rase, an officer duly authorized in the State and County aforesaid to take acknowledgments, personally appeared CA r1sT r e 57onTs , as 12�41-19j S 6 _ _ of TREES FOR SQUIRRELS, LLC, a Florida Limited Liability Company, © to r e known personally to be the person described in the foregoing instrument, or 11 who has produced EL o�g&a as identification. She bas acknowledged before me that she has the authority to executed this Agreement for the purposes set forth herein, and sbe did not swear an oath. WITNESS my hand and official seal in the State and County last aforesaid this day Of 2 , 2006. (Notary Seal) oow.w�� N TARY PUBLIC �rreMw.-wrraM. My Commission Expires: %%( UNrrY OF TITLE AGREEMENT CITY OF COE CANAVERAL / TREES FOR SQUIRRELS, LLC Page 3 of 4 THE CITY: CITY OF CAPE CANAVERAL, a Florida municipal corporation. ATTEST: Rocky Randels, Mayor Susan Stills, City Clerk Approved as to legal form and sufficiency: ANTHONY A. GARGANESE, City Attorney UNITY OF TITLE AGREEMENT CITY OF CAPE CANAVERAL / TREES FOR SQUIRRELS, LLC Page 4 of 4 Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Ordinances, 2nd Rdg. Item 7 No. See attached ordinance and P&Z memo. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 23-2006, AMENDING CHAPTER 110, PROHIBITING ESTABLISHMENTS SEEKING AN ALCOHOLIC BEVERAGE SPECIAL EXCEPTION FROM LOCATING WITHIN 300 FEET OF THE SHORELINE OF THE BANANA RIVER OR ATLANTIC COAST DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Ordinance No. 23-2006, amending Code Section 110-171, providing that establishments which require a special exception to serve alcoholic beverages may not be permitted to locate within 300 feet of the shoreline of the Banana River or of the Atlantic Coast, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached ordinance and P&Z memo. I recommend approval. Exhibits Attached: Ordinance No. 23-2006, P&Z memo City M is Office Department ORDINANCE NO. 23-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES, PROVIDING THAT ESTABLISHMENTS WHICH REQUIRE A SPECIAL EXCEPTION TO SERVE ALCOHOLIC BEVERAGES MAY NOT BE PERMITTED TO LOCATE WITHIN THREE HUNDRED (300) FEET OF THE SHORELINE OF THE BANANA RIVER OR OF THE ATLANTIC COAST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, section 110-171 of the City of Cape Canaveral Code of Ordinances currently regulates establishments requiring a special exception to serve alcoholic beverages; and WHEREAS, the City Council desires to amend section 110-171 to add an additional requirement necessary to obtain a special exception to serve alcoholic beverages prohibiting establishments seeking such special exception from locating within three hundred (300) feet of the shoreline of the Banana River or of the Atlantic Coast; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: action 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. SpStion 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeaut type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 23-2006 Page 1 of 3 CHAPTER 110. ZONING ARTICLE IV. SPECIAL EXCEPTIONS DIVISION 2. ALCOHOLIC BEVERAGES Sec. 110-171. Establishments serving alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state Department of Business and Professional Regulation, Division of Alcoholic Beverages and Tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions asset forth in this section and also the following: (1) The establishment shall not be permitted to locate: Within 300 feet of any existing church, school grounds or playgrounds nor shall a church, school or playground be permitted to locate within 300 feet of any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to provide for the sale and consumption of alcoholic beverages and the property line of the church, school grounds or playground. LM Within three hundred (300) feet of the Banana River shoreline or the Atlantic Ocean shoreline. The distance shall be measured as the shortest linear distance between the property line of the establishment which provides or proposes to providr for the sale and consumption of alcoholic_bevers and the shoreline of the Banana River or Atlantic Ocean. E3E3E3 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4 Incorporation Into Code. This Ordinance shall be incorporated into the Cape City of Cape Canaveral Ordinance No, 23-2006 Page 2 of 3 Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5• Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6• Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2006. ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 23-2006 Page 3 of 3 FV City of Cape Canaveral December 8, 2006 Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Amending Alcoholic Beverage Regulations Section 110-171 At the Planning & Zoning Board meeting held on November 29, 2006, by a unanimous vote, the Board recommended approval of the above referenced Proposed Ordinance with noted changes. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Zoning Meting Date: 11/29/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Ileaaing Proposed Ordinance Item # No. City Council's direction and policy to staff. SUBJECT: Review and Recommend Comments for a Proposed Ordinance for not allowing an Establishment that sells Alcoholic Beverages within 300 feet of the Atlantic Ocean or Banana River Shorelines DEPT./DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance for not allowing establishments that sells alcoholic beverages within 304 feet of the Atlantic Ocean or Banana River Shoreline. Summary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. There have been unsolicited inquiries about the Johnson Controls site (C-2 CommerciallManufaeturing) which is just north of Center Street and west of North Atlantic Boulevard and adjacent to the shoreline of the Banana River. Inquiries about restaurants in this area have been made with no known act to purchase the property for this purpose; however, the current code would allow a property owner at this location to seek a special exception for the sale of alcoholic beverages. This would not be in keeping with the character of the area. Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department View Legal Ad# 810179 0. VI f3ilat'.;'s- Ad#810179.1212312006 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral. Florida will hold a Public Hearing for the purpose of adopting Ordinance No. 23-2906 and Ordinance No. 24-2006 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M.. on Tuesday, January 2, 2007. The ordinances may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 23-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES, PROVIDING THAT ESTABLISHMENTS WHICH REQUIRE A SPECIAL EXCEPTION TO SERVE ALCOHOLIC BEVERAGES MAY NOT BE PERMITTED TO LOCATE WITHIN THREE HUNDRED (300) FEET OF THE SHORELINE OF THE BANANA RIVER OR OF THE ATLANTIC COAST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. ORDINANCE NO. 24-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES; REPEALING THE PHRASE €HOTELS AND MOTELS€ FROM SECTION 110-336(1)A TO MAKE SECTION 110-336 CONSISTENT WITH OTHER PROVISIONS OF THE CITY CODE REGARDING HOTELS AND MOTELS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE: SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does R authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk AD*: 810179 Publication: Florida Today First Published: 12-23-2006 Page i of 1 http-//www.flatoday.net/legals/display.htm?CMD=DISPLAY&Id=25156 12/27/2006 Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Ordinances, 2nd Rdg. Item 8 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 24-2006, AMENDING CHAPTER 110, REPEALING THE PHRASE "HOTELS AND MOTELS" FROM SECTION 110-336 DEPT./DIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the adoption of Ordinance No. 24-2006, amending Chapter 110, repealing the phrase "hotels and motels" from Section 110-336(1)a to make Section 110-336 consistent with other provisions of the city code, as recommended by the Planning & Zoning Board. Summary Explanation & Background: See attached ordinance and P&Z memo. I recommend approval. Exhibits Attached: Ordinance No. 24-2006, P&Z memo City Mana Office Department ORDINANCE NO. 24-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE CAPE CANAVERAL CODE OF ORDINANCES; REPEALING THE PHRASE "HOTELS AND MOTELS" FROM SECTION 110-336(1)a TO MAKE SECTION 110-336 CONSISTENT WITH OTHER PROVISIONS OF THE CITY CODE REGARDING HOTELS AND MOTELS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibitedd by law; and WHEREAS, section 110-336 of the Cape Canaveral City Code currently provides that hotels and motels shall have a minimum lot area of 12,000 square feet; and WHEREAS, section 110-336, as it currently exists, is inconsistent with other provisions of the City Code, specifically, sections 110-332(4) and 110-1; and WHEREAS, the City Council desires to cure this inconsistency within the City Code so as to properly reflect its legislative intent regarding the area and dimension required for lots upon which hotels and/or motels will be constructed; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Chapter 110, Zoning, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows(underlined type indicates additions and strikeotz type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): City of Cape Canaveral Ordinance No. 24-2006 Page l of 3 CHAPTER 110. ZONING ARTICLE VII. DISTRICTS DIVISION S. C-1 LOW DENSITY COMMERCIAL DISTRICT Sec. 110-336. Area and dimensions. In the C-1 low density commercial district, the following areas and dimensions shall be required: (1) Minimum lot area shall be as follows: a. Service stations, , 12,000 square feet. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2006. City of Cape Canaveral Ordinance No. 24-2006 Page 2 of 3 ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Leo Nicholas SUSAN STILLS, City Clerk Buzz Petsos Rocky Randels C. Shannon Roberts First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 24-2006 Page 3 of 3 CRIT Of CAPS CAM1W[ML r=. Date: December 8, 2006 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Proposed Ordinance Repealing Hotels/Motels on 12,000 Square Foot Lots Section 110-336 (1) (a) At the Planning & Zoning Board meeting held on November 29, 2006, by a unanimous vote, the Board recommended approval of the above referenced Proposed Ordinance. Please schedule this item for the next City Council meeting agenda. 105 Polk Avenue - Post Office Box 326 - Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 - SUNCOM: 982-1220 - FAX: (321) 868-1248 www.myflorida.com/cape - e-mail: ccapecanaveral@cfl.rr.com &W&4 ,. Mooting Date: 11/29106 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Heading Proposed Ordinance 1LOM # No. SUBJECT: Review and Recommend Comments for a Proposed Ordinance appealing Hotels and Motels from Section 110-336(1)a, for consistency within the Code DLpT./DIVISION: Building Department Requested Action: Review and recommend comments to City Council on proposed ordinance appealing Hotel and Motels in Section 114-336(1)a for corxsistency within the Code. Sulrnmary Explanation & Background: The City Council and Planning and Zoning Board have been engaged in updating the code requirements over that last couple of years. There are codes that may be outdated or in need of updating for consistency with other parts of the code and or to further the City Council's direction and policy to staff. There have been unsolicited inquiries about Hotels and Motels within the City. It has happened in the past that an inquiry about this Code Section comes up. For consistency with other sections of the Code staff would recommend deleting "hotels and motels" from this section[ Exhibits Attached: 1) Proposed Ordinance Planning Official's Office Department View Legal Ad# 810179 -kd#810179-12123/2006 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral. Florida will hold a Public Hearino for tn= purpose of adopting Ordinance No. 23-2006 and Ordinance No, 24-2006 in the City Hali Annex, 111 Polk Avenue, Cape Canaveral Florida at 7 P_M__ on Tuesday, January 2, 2007_ The ordinances may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). ORDINANCE NO. 23-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING, OF THE CAPE CANAVERAL CODE OF ORDINANCES, PROVIDING THAT ESTABLISHMENTS WHICH REQUIRE A SPECIAL EXCEPTION TO SERVE ALCOHOLIC BEVERAGES MAY NOT BE PERMITTED TO LOCATE WITHIN THREE HUNDRED (300) FEET OF THE SHORELINE OF THE BANANA RIVER OR OF THE ATLANTIC COAST; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE: SEVERABILITY; AND AN EFFECTIVE DATE. ORDINANCE NO. 24-2006 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110, ZONING OF THE GAPE CANAVERAL CODE OF ORDINANCE=S. REPEALING THE PHRASE €HOTELS AND MOTELS€ FROM SECTION 110-336(1)A TO MAKE SECTION 110-336 CONSISTENT WITH OTHER PROVISIONS OF THE CITY CODE REGARDING HOTELS AND MOTELS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. Pursuant to Section 286. 1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision trade by she City Council Ywth respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, This notice does not constitute consent by the Uty toy the introduction of admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerks office (868-1221) 48 (tours in advance of the meeting. Susan Stills, CMC City Clerk AD#: 810179 Publication: Florida Today First Published: 12-23-2006 Page 1 Oi http://www.tlatoday.net/]egals/disp] ay.htni?CMD=DISPLAY& Id=25156 12/27/2006 Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Resolutions Item g No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2006-51, AMENDING THE RETIREMENT PLAN AND TRUST AGREEMENT DEPT./DIVISION- ADMIN/FINANCE Requested Action: City Council consider the adoption of Resolution No. 2006-51, amending the retirement plan and trust agreement that will establish a separate account for the 3% matching contribution. Summary Explanation & Background: See attached memo and resolution. I recommend approval. Exhibits Attached: City Treasurer memo and Resolution No. 2006-51 City Manager's Office_ Department C�7- y Memorandum To: Bennett Boucher, City Manager CC: Susan Stills, City Clerk From: Andrea Bowers, City Treasurer Date: 15 December 2006 Re: Pension revision Attached are the documents required to finish the Pension revision started in April of this year. These revisions will establish a separate account for the 3% match made by the City. Please place them on the January 2nd council agenda. 1 RESOLUTION NO. 2006-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; AMENDING THE RETIREMENT PLAN AND TRUST FOR THE EMPLOYEES OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR CONFLICTING RESOLUTIONS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral established a Retirement Plan and Trust for the Employees of the City of Cape Canaveral pursuant to Resolution number 2001-27; and WHEREAS, the Retirement Plan and Trust agreement was executed on September 18, 2001; and WHEREAS, Section 3.01 of the Plan and Trust authorizes the City Council to amend the Plan and Trust, in whole or in part, either retroactively or prospectively, by delivering to the Trustee a written amendment in accordance with the limitations set out in that section; and WHEREAS, the City Council desires to amend the plan to allow for matching contributions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL: SECTION 1. The City Council of the City of Cape Canaveral, in its capacity as the Trustee of the Retirement Plan and Trust for the employees of the City of Cape Canaveral hereby approves the changes as set out forth below, with additions to the Plan and Trust indicated by underlining (underlining) and deletions by strike through ( ). Participating Employer Contributions A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. The Participating Employer hereby elects to make Contributions as follows: ®Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis: 7% of employee compensation. Matching Contributions Matching Contributions are Participatinq Employer Contributions that may be made to match all ora portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions the amount of Matching Contributions made for a Participant each Plan Year will be up to 3% of such Participant's Employee Basic Compensations. SECTION 2. The City Council of the City of Cape Canaveral hereby empowers the Mayor or its appointee of the City of Cape Canaveral with the authority to execute such documents and agreements as are required to effectuate this amendment of the Plan. SECTION 3. All Resolutions or parts of resolutions, in conflict with this resolution are hereby repealed. SECTION 4. This Resolution shall be effective October 1, 1005. ADOPTED BY the City Council of the City of Cape Canaveral, Brevard County, Florida, this 2nd day of January, 2007. ATTEST: Rocky Randels, Mayor Name For Against Susan Stills, City Clerk Robert Hoog Leo Nicholas Buzz Petsos Rocky Randels Shannon Roberts Approved as to Form: Anthony A. Garganese, City Attorney Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Name of Government Enti City of Cape Canaveral Address P. O. Box 326 Address 105 Polk Street City -State -Zip Cape Canaveral, FL 32920 Individual to Receive Plan Notices Ms. Andrea Bowers Title City treasurer Telephone 321-868-1234 Fax 321-799-3170 e-mail Bowers-cape@cfi.rr.com Your Plan Administrator is: Florida League of Cities, Inc. 301 S. Bronough Street P.O. Box 1757 Tallahassee, Florida 32302 Phone: (850) 222-9684 Fax: (850) 222-3806 Contacts: Paul Shamoun, Retirement Services Manager, ptshamouna_flcities.com Plan Provisions The Participating Employer will use FMPTF's § 401(a) Defined Contribution Plan. For any Plan choice that this Adoption Agreement fails to specify, the Participating Employer is deemed to have specified the first -displayed choice. Your Plan Year is: October 1 — September 30 Payroll Periods The payroll period of the Participating Employer is bi-weekly. Who's eligible? An Employee is eligible to share in Non -elective Contributions and Matching Contributions (to the extent provided under the Plan) if he or she meets all of the following three eligibility conditions: 1. Age condition An Employee is eligible if he or she has attained: There is no age requirement for participation in the plan 2. Service condition An Employee is eligible if he or she has completed 1 Year of Eligibility Service and must work over 1000 hours/year. 3. Excluded Employees Every Employee shares in Non -elective Contributions and Matching Contributions except an Employee who belongs to a classification specified below: O Florida Municipal Pension Trust Fund Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement Participating Employer Contributions A Participating Employer may make Non -elective Contributions and/or Matching Contributions as specified below. Non elective Contributions and Matching Contributions that are tied to Payroll Periods (as defined in this Adoption Agreement) must be remitted to the Plan Administrator no later than 15 business days after the Payroll Period. Annual Contributions must be remitted to the Plan Administrator no later than 15 business days after the end of the Plan Year. A Participating Employer may establish different classes of Employees for contribution purposes in this Adoption Agreement. The Participating Employer hereby elects to make Contributions as follows (choose one or both as applicable): ®Non -elective Contributions — Participating Employer Non -elective Contributions will be made on the following basis (must specify): 7% of employee compensation ® Matchinq Contributions Matching Contributions are Participating Employer Contributions that may be made to match all or a portion of a Participant's contribution to an eligible 457(b) deferred compensation plan. If the Participating Employer provides Matching Contributions, the amount of Matching Contributions made for a Participant each Plan Year will be (choose only one): [ X ] up to 3 % of such Participant's Employee Basic Compensation. Non -elective Contributions and Matching Contributions in the year of termination A Participant shall receive the Employer Contribution during the year of termination regardless of time completed, subject to the vesting schedule. Non -elective Contributions and Matching Contributions will be made monthly. Benefit Compensation Benefit Compensation means the Participant's: ® Benefit Compensation as defined in Provision 3.13 in the Plan Document. ❑ other [specify] ( requires approval from the FMPTF) Vesting for Participating Employer Non -elective Contributions and Matching Contributions A Participating Employer may establish a vesting schedule for Participating Employer Non -elective Contributions and Matching Contributions. This means that if the Participant leaves the Participating Employer's employment prior to completing a specified minimum period of service (not to exceed 5 years), the Participant forfeits the Participating Employer's Non -elective Contributions and Matching Contributions. However, upon Death, Disability, or the Termination of the Plan, the Participant is 100% vested in the Participant's Participating Employer Non -elective Contributions and Matching Contributions, notwithstanding any vesting schedule. If a vesting page 2 Florida Municipal Pension Trust Fund § 401(a) Defined Contribution Plan Adoption Agreement This Adoption Agreement may be terminated only in accordance with the Plan. Adopting the Plan By signing below, the Participating Employer adopts the FMPTF 401(a) Defined Contribution Plan ("Plan"). The Participating Employer acknowledges that it received a copy of the Plan. The Participating Employer shall receive copies of any Plan amendments made by the FMPTF. The Participating Employer's signer represents that he or she is a proper officer of and has authority to enter into this Adoption Agreement as an obligation of the Participating Employer. City of Cape Canaveral Participating Employer M Date: Name: Rocky Randels Title: Mayor Accepted for the: Florida Municipal Pension Trust Fund By the Administrator: Florida League of Cities, Inc. Date: page 4 City of Cape Canaveral Marvin and Joann Nichols 705 N. Atlantic Ave. Cocoa Beach, FL 32931 RE: Revised Site Plan for Ace Hardware Expansion, 8300 Astronaut Blvd., Applicant Allen Engineering, Inc. Dear Mr. and Mrs. Nichols: The City Council of the City of Cape Canaveral has heard information pertaining to your Revised Site Plan for Ace Hardware at their meeting held on January 2, 2007. Based on the site plan, testimony, and other information presented, the City Council has approved your revised site plan based on the recommendations of the Planning and Zoning Board to: build an expansion which includes a new greenhouse area and 5,000 square feet of retail space and additional storage. In accordance with Section 110-223 and Florida law, any aggrieved party with legal standing can appeal a final decision of the City Council to a court of competent jurisdiction. Sincerely, Susan Stills, CMC, City Clerk C: City Manager Building Official City Attorney Allen Engineering 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr:com UNITED STATES POSENFAEAV.ilq.bo 06 3AR'51, 07 Pfiq 6 F r $ igtpkGla4. ail.vio" '4 c:ta...4Fe,saald e4 ,,,,11, .4' I,„..1, ,,,,,,,,, *......1, ''44'4`.".......... • Sender: Please print your name, address, and ZIP-I4 in this box • ....' City Of Cape Canavoral City Clerk's Office 105 Polk Avenue Cape Canaveral, FL 32920 Ili111111111 ) I I f 111111 I I I 111 I I 11 d II 11111111,11 • ENDER: COMPLETE THIS SECTION • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. • Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Marvin & Joann Nichols 705 N. Atlantic Ave. Cocoa Beach, FL 32931 COMPLETE THIS SECTION ON DELIVERY A by (Printed Name) ❑ Agent Addressee • DateDatseeliver. D. Is delivery address different from ey% 1? ❑ Yes If YES, enter delivery address b I ❑ No 3.)Zvice Type Certified Mail ❑ Registered ❑ Insured Mail ❑ Express Mail ❑ Return Receipt for Merchandise ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) ❑ Yes 2. Article NIum'b'er 1! 1 I 11 1 f!!; f 111 11 1' 1 H 1 I--i I r 1- r i r t 1- (rransferfrom service labeq 7006 010d 0002 09.d5 4470 ?S Fnrm R1 1 _ Fahn iary 2nnd r)nmpctin Return Racwint tn75a5-m-M-1.�,e Meeting Type: Regular Meeting Date: 01/02/07 AGENDA Heading Site Plans Item 10 No. 1) Planning & Zoning Board recommendation AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: SITE PLAN: ACE HARDWARE, 8300 ASTRONAUT BLVD. DEPT.IDIVISION: GROWTH MANAGEMENT/P&Z Requested Action: City Council consider the proposed site plan for the addition of a Green House, 5,000 square feet of retail space and 2,440 square feet of accessory storage as recommended by the Planning & Zoning Board. Summary Explanation & Background: The following documents are attached: 1) Planning & Zoning Board recommendation 2) Site Plan application 3) City Planner Report 4) Staff comments 5) Site Plan — Hand out recommend approval. Exhibits Attached: City - " j' Department --w� �, City of Cape Canaveral W. r, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Recommendation to City Council Regarding: Ace Hardware Addition - Site Plan - Allen Engineering, Applicant. ---------------------------------------------------------------------------------------__------------------- At the Planning & Zoning Board meeting, held on December 13, 2006, by unanimous vote, the Board recommended approval of the above referenced Site Plan. Please schedule this site plan for the next City Council meeting agenda. Attached are copies of the site plan. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Planning & Zoning Board Meeting Date: 12/13/06 AGENDA REPORT PLANNING & ZONING BOARD THE CITY OF CAPE CANAVERAL AGENDA Reading Site Plan Revision Item This request is to build a green house, 5,000 sq.ft. of retail and 2,440 sq.ft. of accessory storage. No. improvements will more than double the existing facility. SUBJECT: Ace Hardware 8300 Astronaut Boulevard - Site Plan Revision DEPT.IDIVISION: Building Department Requested Action: Review and recommend to City Council the proposed site plan revision for ACE Hardware 8300 Astronaut Boulevard. This request is to build an expansion to include a new greenhouse area, 5,000 sq.ft. of retail and additional storage. Summary Explanation & Background: This request is to build a green house, 5,000 sq.ft. of retail and 2,440 sq.ft. of accessory storage. The proposed request is located at 8300 Astronaut Boulevard. The site is presently 5,000 sq.ft, of retail and the proposed improvements will more than double the existing facility. Exhibits Attached: #1 Application, #2 Staff Report, #3 Staff Memos. City Planner's Office Department: Building Department CITY OF CAPE CANA VERA. SITE PLAN PAYMENT RECEIPT Project Name:__A I tA-gin f x: F f°k��s = �: RESIDENTIAL: 1, 2 & 3 Residential Units .............................................TOTAL: $37.50 Total # of Units? (4) or more Residential Units $50.00 (1st (4) Units), Plus COMMERCIAL: Units Q $7.50 per unit 50.00 $150 per acre of land, or portion thereof. Acres X $150 TOTAL $ SITE PLAN EXTENSION•. ........................ TOTAL:......... .. $150.00 SITE PLAN RESUBMISSION: 50% of original fee ......... TOTAL: ...... DEPOSIT TOWARDS REVIEW FEES: RESIDENTIAL: 1 to 4 Units ...................... $700.00 Over 4 Units to 50 Units .................. $1,800.00 Over 50 Units or Hotel/Motel ........ $2,800.00 COMMERCIAL: Up to 4 Acres................$1� ,$00. Over 4 up to 8 Acres ..... $2,300.00 Over 8 Acres - Review fee to be established after pre - application meeting based on hourly rates estimated in Exhibit A of City Engineer contract. Total Acres: Office Use Orly: Escrow Account # 1-202.2400 TOTAL REVIEW DEPOSIT RECEIVED: TOTAL SITE PLAN SUBMITTAL FEE RECEIVED: $. PAID RECEIPT NO. DATE RECV'D t� tc C dam If . �.-• `).n.�-jc f7..�. Fi•:�-�.c_rc! q _,Yr.liL-I14 G-, APPLICATION FOR SITE PLAN REVIEW FEE: $1,500.00 DATE: 4/21/2006 PROJECT riANIE: ACE HARDWARE EXPANSION LEGAL DESCRIPTION: SEE ATTACHED OWN-TER(S) NAME: MARVIN L. & JOANN F. NICHOLS OWNER(S) ADDRESS: 705 N. ATLANTIC AVENUE COCOA BEACH, FL 32931 PHONE NUMBER: (321) 784-1520 MICHAEL S. ALLEN, P.E. 1tiA1�fE OF ARCMTECTfENGLN-EER: ALLEN ENGINEERING, INC. PHONE NUMBER: 321 783-7443 APPLICA_N-T'S SIGNATURE: WEER OR AGENT PIIOFVE N -UN BER: (321) 783-7443 1195 City of Cape Canaveral Site Plan Addition Ace Hardware Applicant: Location: Proposed Amendment Acreage: Permitted 15 DU per acre: Proposed Number of Units: Proposed Density: Current Future Land Use: Current Zoning: AIlen Engineering, Inc. Section 24 Township 37 Range 14 & 15 C-1 Commercial: Commercial C-1 N/A N/A N/A Commercial C-1 Commercial C-1 1.48 +/- Acres Description: The applicant proposes to create an addition to an existing Ace Hardware Building on a 1.48 acre lot. This addition shall consist of building an additional 5,844 square foot building and a 10 -unit (2,880 square foot) storage facility. The subject site is located east of State Route A -1-A, north of Church Street and south of the canal. The submitted landscape plan proposes little buffering from the eastern and southern parcels. However, these parcels are undeveloped and designated as C-1 Commercial. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,317. This is still adequate park space available. North South East West Zoning C-1 Commercial C-1 Commercial C-1 Commercial C-1 Commercial / R-2 Residential ROW Comp Plan C-1 Commercial C-1 Commercial C-1 Commercial C-1 Commercial / R-2 Residential ROW Existing Commercial & Commercial Undeveloped I SR A -1-A I Conditions Multifamily Wooded Atlantic Commercial Residential Blvd. Public Services and Facilities in Amendment Area: The Level of Service for parks and recreation is one (2) acres of park land per 1,000 residents. Approximately twenty-four (24) acres of park land exist in Cape Canaveral. This equates to a population of approximately 12,000 residents. The City's population as of April, 2006 was 10,317. This is still adequate park space available. SR AlA is operating at Level of Service "A" with 541 excess peak hour trips available from North Atlantic to Central Blvd. Central Blvd to N. City limits has 289 excess peak hour trips. From AIA at the North Atlantic split to Center Street has 248 excess peak hour trips. The proposed project would generate 42 peak hour trips. There is adequate capacity at this time. The City of Cape Canaveral provides wastewater treatment. The wastewater treatment capacity is 1.8 million gallons per day (MGD). The existing usage is 1.17 MGD with an excess capacity of .63 MGD. The amount the project as proposed could generate approximately 150 gallons per day. There is adequate wastewater treatment capacity available. The City of Cocoa has a total capacity of 56 MGD and currently provides 48 MGD Approximately 24.4 MGD of water is being used on an average daily basis, leaving 23.6 11 dl�71.._...-11..1-1, mY_.. ...__ _..._• ,. r ----`-.- -- - - r -.1 r. .1 • . • - 1,Vl av, lriiailaUlt.. 1116 a111UU11L U1 waLQI i1000Gl! IUl MIS PIV�CQL is 1JV gallons per Gay. There is adequate potable water service available with the proposed change. Brevard County provides facilities for solid waste disposal. At this time, the County does not foresee any deficiency with their solid waste facilities. Environmental Description of Amendment Area: The site is Urban Land (UR) soil type. Urban Land consists of areas that are 60 to more than 70 percent covered with streets, buildings, large parking lots, shopping centers, industrial parks, airports and related facilities. Unoccupied areas, mostly lawns, parks, vacant lots, and playgrounds, are Astatula, Paola, Myakka, St. Lucie, Immokalee, Pomello, Cocoa, and Canaveral Soils in tracts too small to be mapped separately. There appear to be no wetlands on site. Wetland determinations or verification are permitted by St. Johns River Water Management District. There is no known Aquifer Recharge or Floodplain areas associated with this parcel. There are also no known endangered species living on the site. Historical and Archaeological Resources in Amendment Area: There are no known historical or archaeological resources on site. Population Projections and Trends: The average household size is 2.37 persons. This development would not generate new residents to the City. 1 830 514.1 m 530.1 515 516 Page 1 of 1 512 548 834 520 5. 3A12.012 iQ 0 A 1.01 ( 286 252 250 BIA DRQCHURCH LA z 1 1 8 254.1 254 NMI http://www.brcvardpropertyappraiser.com/scripts/esrimap.dll?name=Brevardl &id=200612... 12/6/2006 Page 1 of 1 Todd Peetz From: John Cunningham Ocunningham@ccvfd.org) Sent: Thursday, November 30, 2006 10:40 AM To: Todd Peetz Subject: Re: Site plan 1 Ace Hardware 4th Todd, We have reviewed the site plan and have no comments at this time. 12/6/2006 MEMORANDUM TO: Todd Morley, Building Official TO: Todd Peetz City Planner FROM: Ed Gardulski Public Works Director DATE: November 17, 2006 RE: Ace Hardware addition Site Plan Review The Public Works Department has reviewed the above stated project and do not have any further comments or concerns. All previous comments and concerns have been satisfactorily addressed. Memorandum To: Todd Morley, Building Official From: Todd Peetz, City Planner Date: November 30, 2006 Re: Ace Hardware Expansion Site Plan Review I have reviewed the Ace Hardware Expansion and have no further questions or comments. If you have any questions, or need further information please feel free to contact me at 407-629-8880. November 27, 2006 Mr. Todd Peetz'"" ; Miller -Legg & Associates 631 South Orlando Avenue Suite 200 Winter Park, FL 32789 RE: Site Plan - Ace Hardware Expansion - Review #4 SSA Job No. 05-0025, Task 025-1004 Dear Mr. Peetz: SSA has reviewed ine above -referenced projeci and based on our review, SSA recommends said plan for City approval. This review does not relieve the applicant from other local, state, and federal agencies having jurisdiction over the project site. Should you have any questions regarding this letter, please do not hesitate to call. Sincerely, Stottler Stagg & Associates Architects, Engineers, Planners, Inc. c' 4� ail/ John A. Pekar, PE Sr. Vice President - City Engineer _//T�/ � An it , Project Engineer City Engineer's Review Fee for Review #3 - $95.00 NOTICE OF ADDITIONAL FEES As this project is being reviewed under the original City contract, Engineering Fees for all reviews after 2"d review will be billed at $95.00 per hour. SIY?TTLER STAGG & ASSOCIATES ARCHITECTS ENGINEERS PLANNERS, INC. 8680 North Atlantic Avenue P. O. Box 1630 Cape Canaveral, Florida 32920 Tel 321-783-1320 Fax 321-783-7065 J:ICIVUProjecls%CAPR-ace hardware expan -review 4 APPROVE.doc' #AAC000329 #EB0000762 #LMM700 r�J Meeting Type: Regular Meeting Date: 01-02-07 AGENDA Heading Discussion Item 11 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: MIXED-USE ZONING DEPTIDIVISION: LEGISLATIVE Requested Action: Mayor Pro Tem Hoog requested a discussion item relating to the formation of a mixed-use zoning ordinance. Summary Explanation & Background: Attached is a model mixed-use zoning district ordinance from the American Planning Association for your review and comment. Discussion item only. Exhibits Attached: APA Model Ordinance City Manager -s -Office Department r 4.1 MODEL MIXED-USE ZONING DISTRICT ORDINANCE The following model zoning district provisions represent a commercial zoning classification that permits, rather than mandates, a vertical mix of commercial and residential uses within the same building. The district is intended to accommodate a physical pattern of development often found along village main streets and in neighborhood commercial areas of older cities. Primary Smart Growth Principle Addressed: Mix land uses Secondary Smart Growth Principle Addressed: Compact building design Model Smart Growth Land Development Regulations Page 4-1 Interim PAS Report March 2006 CX1, Neighborhood Commercial, Mixed -Use District 101. Purpose The purposes of the CX1, Neighborhood Commercial, Mixed -Use District are to: (1) Accommodate mixed-use buildings with neighborhood -serving retail, service, and other uses on the ground floor and residential units above the nonresidential space; (2) Encourage development that exhibits the physical design characteristics of Pedestrian -oriented, storefront -style shopping streets; and (3) Promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. 102. Definitions As used in this ordinance, the following words and terms shall have the meanings specified herein: "Floor Area Ratio" means the ratio of a building's gross floor area to the area of the lot on which the building is located. "Gross Floor Area" is the sum of the gross horizontal areas of all floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Gross floor area does not include basements when at least one-half the floor -to -ceiling height is below grade, accessory parking (i.e., parking that is available on or off-site that is not part of the use's minimum parking standard), attic space having a floor -to -ceiling height less than seven feet, exterior balconies, uncovered steps, or inner courts. "Mixed-use Building" means a building that contains at least one floor devoted to allowed nonresidential uses and at least one devoted to allowed residential uses. 103. Allowed Uses Uses are allowed in "CX1" zoning districts in accordance with the use table of this section. WoDistrict Z Use Category CX1 S ecific Use Type 7S P= Permitted b -ri ht C = conditional use N = Not a]lowed Household Living Artist Live/Work Space located above the ground floor P Artist Live/Work Space, ground floor C Dwellina Units located above the around floor P Detached House C Multiunit Q+ units) Residential C Single -Room Occupancy C Townhouse C Two -Flat C ,GrouE Living Model Smart Growth Land Development Regulations Page 4-2 Interim PAS Report March 2006 Model Smart Growth Land Development Regulations Interim PAS Report March 2006 Page 4-3 Comment: This use table should be refined to reflect local characteristics and planning objectives. The range of uses allowed should be kept as broad as possible in order to ensure that the district is economically viable. Note that this model allows, as a conditional use, drive-through facilities. Drive-through facilities may be appropriate in such areas in connection with banks and pharmacies. Whether to allow them is a policy choice, no different than other policy choices in selecting permitted uses. Also keep in mind that in buildings tivith residential units, commercial use issues will be largely self -policing because owner associations and builder/developers will ensure that commercial uses in mired -use buildings will be compatible with upper -story residential uses. 104. Commercial Establishment Size Limits The gross floor area of commercial establishments in the CXI district shall not exceed [15,000] square feet. Comment: Floor area limits are proposed in the model ordinance to help ensure that allowed commercial uses would be geared toward a neighborhood market area. Some local ordinances impose much more restrictive floor area limits in neighborhood -oriented districts. The lima proposed in this model ordinance would accommodate a modern drug store. If floor area limits are employed, the standards should not be so restrictive as to hamper the economic viability of the district. 105. Indoor/Outdoor Operations All permitted uses in the CXI district must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seatin; areas. 106. Floor -to -Floor Heights and Floor Area of Ground -floor Space Model Smart Growth Land Development Regulations Page 4-4 Interim PAS Report March 2006 Zonin& District Use Category CX1 - Specific Use Type P= permitted by -right C = conditional use N = Not allowed Personal Service, including health clubs and gyms P Re air Service, Consumer, including bic Iles P Residential Stora a Warehouse N Retail Sales, General P Vehicle Sales, Service, and Re air N I INDUSTRIAL Manufacturin , Production and Industrial Services Artisan (hand -tools only: e.., . elry or ceramics) C Wireless Communication Facilities Co -located P Freestandin (Towers) C Comment: This use table should be refined to reflect local characteristics and planning objectives. The range of uses allowed should be kept as broad as possible in order to ensure that the district is economically viable. Note that this model allows, as a conditional use, drive-through facilities. Drive-through facilities may be appropriate in such areas in connection with banks and pharmacies. Whether to allow them is a policy choice, no different than other policy choices in selecting permitted uses. Also keep in mind that in buildings tivith residential units, commercial use issues will be largely self -policing because owner associations and builder/developers will ensure that commercial uses in mired -use buildings will be compatible with upper -story residential uses. 104. Commercial Establishment Size Limits The gross floor area of commercial establishments in the CXI district shall not exceed [15,000] square feet. Comment: Floor area limits are proposed in the model ordinance to help ensure that allowed commercial uses would be geared toward a neighborhood market area. Some local ordinances impose much more restrictive floor area limits in neighborhood -oriented districts. The lima proposed in this model ordinance would accommodate a modern drug store. If floor area limits are employed, the standards should not be so restrictive as to hamper the economic viability of the district. 105. Indoor/Outdoor Operations All permitted uses in the CXI district must be conducted within completely enclosed buildings unless otherwise expressly authorized. This requirement does not apply to off-street parking or loading areas, automated teller machines, or outdoor seatin; areas. 106. Floor -to -Floor Heights and Floor Area of Ground -floor Space Model Smart Growth Land Development Regulations Page 4-4 Interim PAS Report March 2006 (1) All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor -to -ceiling height of [I 1] feet. (2) All commercial floor space provided on the ground floor of a mixed-use building must contain the following minimum floor area: (a) At least [800] square feet or [25] percent of the lot area (whichever is greater) on Iots with street frontage of less than [50] feet; or (b) at least 20 percent of the lot area on lots with [50] feet of street frontage or more Comment: In areas with strong residential real estate markets, ground floor space is sometimes viewed as an afterthought, particularly when developed by those with a poor understanding of rinsed -use development. These types of provisions can help ensure that ground floor space will meet the needs of future retailers and not sit vacant for years after upper floor residential units have been leased or sold 107. Lot Area per Unit (Density) The minimum lot area per dwelling unit shall be [1,000] square feet for mixed-use buildings and [1,500] square feet for all other buildings. Comment: Ij'mixed-use buildings are desired, .such buildings should be rewarded with more flexible development standards. The model ordinance allows higher residential densities in mired -use buildings than it does in single -use buildings. 108. Floor Area Ratio The maximum FAR shall be [2.0] for mixed-use buildings and [1.25] for all other buildings. Comment: To encourage mixed- use buildings, the model ordinance allows higher F4Rs for mixed-use projects. 109. Setbacks (1) The entire building fagade must abut front and street side property lines or be located within [10] feet of such property lines. Comment: Rather than mandating a zero foot "build -to" line for all properties in CXI oning districts, this model offers flexibility to accommodate shallow building setbacks that are sometimes necessary to accommodate features such as outdoor seating/display areas, stoops and sidewalk ii,iderrirzg. Alternately, it is possible for the ordinance to establish a formula to determine setbacks based on the average setback of buildings in a block face. For an example of this, see .flection 108 of the 1VIodel Town Center Center Ordinance (below). (2) The minimum rear setback is [0-30] percent of the lot depth. Comment: The appropriate minimum building setback will depend on lot and development patterns in the area. When alleys abut the rear of C"XI lots, no rear .setback rnay be necessary, except perhaps for upper floors. On the other hand, when CXI-zoned lots will abut the rear property lime of residential lots, buildings in the CXI district should he set back from rear property lines in order to protect the privacy and open feeling expected within residential rear vards. Model Smart Growth Land Development Regulations Page 4-5 Interim PAS Report March 2006 (3) No interior side setbacks are required in the CXI district, except when CXI-zoned property abuts R -zoned property, in which case the minimum side setback required in the CXI district shall be the same as required for a residential use on the abutting R -zoned lot. Comment: Most pedestrian -oriented shopping streets are lined with buildings that span the entire ividth of the lot. The standard proposed here will help reinforce that pattern, while also ensuring that if a CXI district abuts a residential zoning district, a "typical" residential side yard will be provided 110, Building Height The maximum building height shall be [38-50] feet for mixed-use buildings and [35-47] feet for all other buildings. Comment: Some communities will want to regulate height by stories rather than feet above grade, since stories will allow far greater flexibility in building design. The .standards proposed allow greater height for mixed-use buildings than for single -use buildings because mixed -nese buildings are required to have taller floor -to -ceiling heights on the ground floor. The proposed standards will accommodate three- or.four-story btuldings. 111. Off -Street Partying (1) [Insert off-street parking standards] (2) No off-street parking is required for nonresidential uses in CXI districts unless such uses exceed [3,000] square feet of gross floor area, in which case off-street parking must be provided for the floor area in excess of [3,000] square feet. Comment: Paragraph (2) may be incorporated into paragraph (1). Exempting small retail businesses from compliance with off-street parking requirements will help promote pedestrian -oriented character and encourage use/reuse of storefi-ont retail .space. Communities should also examine off=street parking ratios with an eye toward reducing the amount of off-street parking required overall and encouraging shared and off-site parking arrangements. (3) Off-street parking spaces must be located to the rear of the principal building or otherwise screened so as to not be visible from public right-of-way or residential zoning districts. 112. Transparency (1) A minimum of [60-75] percent of the street -facing building facade between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas. (2) The bottom of any window or product display window used to satisfy the transparency standard of paragraph (1) above may not be more than [3-4.5] feet above the adjacent sidewalk. (3) Product display windows used to satisfy these requirements must have a minimum height of [4] feet and be internally lighted. Model Smart Growth Land Development Regulations Page 4-6 Interim PAS Report March 2006 113. Doors and Entrances (1) Buildings must have a primary entrance door facing a public sidewalk. Entrances at building corners may be used to satisfy this requirement. (2) Building entrances may include doors to individual shops or businesses, lobby entrances, entrances to pedestrian -oriented plazas, or courtyard entrances to a cluster of shops or businesses. Comment: Requiring ground floor windows and sidewalk facing entrances help make for a more pleasing pedestrian environment. 114. Vehicle and. Driveway Access No curb cuts are allowed for lots that abut alleys. Comment: Drivevvays that cross sidewalks disrupt pedestrian movements and pose safety threats. They should -be the rare exception in neighborhood -oriented mixed -arse districts. References Denver, Colorado, City of Div. 15, Mixed -Use Districts, Sections 59-301--59-320, website [accessed November 5, 2004]: www. municode.com/resources/gateway.asp?pid=10257&sid=6 Fort Worth, Texas, City of. Zoning Code, Mixed Use Sections 4.902, Low -Density Mixed Use [accessed November 5, 2004]: www.fortworthgov.org/csec/disclaimer.asp Maryland, State of. Infill Development Model [accessed November 5, 2004]: www.mdp.state.md.us/mgs/infilI/InfiIIFinal_1.pdf Orland, Florida, City of. Southeast Orlando Sector Plan Development Guidelines and Standards [accessed November 5, 2004]: www.cityoforlando.net/planning/deptpage/sesp/sespguid.htm Model Smart Growth Land Development Regulations Page 4-7 Interim PAS Report March 2006